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Enforcement and Set-Aside

Chinese investors fail to revive treaty claim against Mongolia

Chinese investors fail to revive treaty claim against Mongolia

14 January 2020

Three Chinese state-owned entities have lodged an appeal following the rejection of their bid to set aside an investment treaty award favouring Mongolia.

Chile sees off Pey Casado claims

Chile sees off Pey Casado claims

13 January 2020

An ad hoc committee has dismissed a bid by the now-deceased Victor Pey Casado to revive his two-decade long ICSID claim against Chile – as an UNCITRAL tribunal rejects a parallel claim brought by the former publisher.

Swedish investors pursue will.i.am over failed earbuds deal

Swedish investors pursue will.i.am over failed earbuds deal

09 January 2020

A group of Swedish tech investors have applied to a California court to enforce an SCC award against the Hollywood electronics company founded by musical artist will.i.am, following the aborted purchase of a wireless earbuds manufacturer.

Casino resort owner fails to set aside award

Casino resort owner fails to set aside award

08 January 2020

The Singapore High Court has upheld an award on liability that led to a Manila gaming resort owner being ordered to pay US$296 million to a Las Vegas casino operator – while rejecting allegations that the successful party and its counsel fraudulently misled the tribunal.

Gazprom settles Ukrainian disputes with new transit deal

Gazprom settles Ukrainian disputes with new transit deal

02 January 2020

Russia’s Gazprom has settled a set of multibillion-dollar SCC disputes with Ukraine’s national oil and gas company Naftogaz and withdrawn an investment treaty claim, clearing the way for new arrangements for the transit of Russian gas to European consumers over the next five years.

Gabon settles with Turkish contractor

Gabon settles with Turkish contractor

19 December 2019

The Central African state of Gabon has agreed to pay over US$27.4 million to a Turkish construction company to satisfy an ICC award and bring an end to US enforcement proceedings.

Russia fails to overturn Crimea awards

Russia fails to overturn Crimea awards

18 December 2019

The Swiss Federal Supreme Court has upheld a pair of investment treaty awards requiring Russia to pay US$80 million to Ukrainian oil and gas companies for the expropriation of their assets in Crimea – as the state scrambles to reverse a trend of adverse awards in other cases arising from its occupation of the peninsula.

Romania to pay out on Micula award

Romania to pay out on Micula award

16 December 2019

Romania has agreed to pay over US$200 million to satisfy an ICSID award in favour of Sweden’s Micula brothers – despite the view of the EU Commission that payment of the award would constitute illegal state aid.

US court halts enforcement efforts against Venezuela

US court halts enforcement efforts against Venezuela

13 December 2019

A Delaware court has stayed enforcement proceedings worth almost US$4 billion brought against Venezuela by Crystallex and other creditors pending an expected appeal by the state to the US Supreme Court, while also citing difficulties caused by US sanctions.

Indian Supreme Court strikes down automatic stays

Indian Supreme Court strikes down automatic stays

12 December 2019

The Supreme Court of India has struck down a recent legislative amendment that had revived the practice of automatically staying enforcement of awards in certain arbitrations as soon as they were challenged.