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Enforcement and Set-Aside

French and UK courts head for showdown over ICC award

French and UK courts head for showdown over ICC award

25 June 2020

In a confrontation reminiscent of the famous Dallah case, the Paris Court of Appeal has upheld an ICC award after finding that French law determined whether the debtor was bound by the arbitration agreement – months after an appeal court in London refused enforcement on the basis that English law applied.

Spain hit with bid to enforce renewables award

Spain hit with bid to enforce renewables award

24 June 2020

A group of Luxembourgish and French private equity investors are seeking enforcement of their €34 million ICSID award against Spain in the US courts – joining a queue of creditors trying to enforce awards won over reforms to the state's renewable energy sector.

Venezuela defeats annulment bid in trust case

Venezuela defeats annulment bid in trust case

23 June 2020

An ICSID annulment committee has dismissed a Barbadian trust manager’s bid to revive its US$400 million claim against Venezuela, which was declined on jurisdictional grounds.

Nigeria to raise sovereign immunity as it resists mega-award

Nigeria to raise sovereign immunity as it resists mega-award

22 June 2020

A US district court must first hear Nigeria’s sovereign immunity defence before ruling on an oil and gas company’s bid to enforce an almost US$10 billion award against the state, following a decision by an appeals court in Washington, DC.

Alstom award enforced despite bribery claim

Alstom award enforced despite bribery claim

18 June 2020

The Commercial Court in London has upheld the enforcement of an ICC award against Alstom despite allegations that the performance of the underlying contract was tainted by bribery.

Steelmaker's award against Venezuela enforced in the US

Steelmaker's award against Venezuela enforced in the US

18 June 2020

A US court has enforced a US$248 million ICSID award against Venezuela, the first of two awards won by a Luxembourg steelmaker following the nationalisation of the country’s steel industry.

Uruguay telecoms fight shifts to new front

Uruguay telecoms fight shifts to new front

17 June 2020

A US company’s bid to revive a US$65 million claim against Uruguay has been discontinued at ICSID, but the claimant’s owner has threatened the state with a new treaty claim.

Undisclosed expert ties prove fatal to ICSID award

Undisclosed expert ties prove fatal to ICSID award

12 June 2020

Spain has persuaded an ICSID committee to annul a €128 million award in favour of a solar power investor on the basis of arbitrator Stanimir Alexandrov’s failure to disclose a longstanding professional relationship with one of the claimant’s expert witnesses from the Brattle Group.

Indian utility sees award upheld in Indonesia

Indian utility sees award upheld in Indonesia

12 June 2020

An Indonesian court has reportedly dismissed a challenge to a US$68 million SIAC award in favour of a subsidiary of India’s Reliance Power over three coal-mining concessions.

Hourani brothers settle with Kazakhstan

Hourani brothers settle with Kazakhstan

09 June 2020

Kazakhstan has settled two ICSID cases brought by brothers who alleged their oil and pharmaceutical businesses were subject to a campaign of harassment due to their connection to a political rival of the state’s former president.