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Enforcement and Set-Aside

Latvian heating award lands in US court

Latvian heating award lands in US court

01 September 2020

A Lithuanian energy company has applied to a US court to enforce an ICSID award against Latvia arising from the nationalisation of a municipal heating system.

Dow seeks to enforce award over chlorine facility

Dow seeks to enforce award over chlorine facility

28 August 2020

Michigan-based Dow Chemical has applied to a New York district court to confirm an ICC award relating to a chlorine production facility in Louisiana.

Swiss award enforced after Tajik bank’s no-show

Swiss award enforced after Tajik bank’s no-show

27 August 2020

A US court has enforced a Swiss Chambers award worth US$24.6 million against a Tajik state-owned bank, as a related ICSID claim remains paused.

UK crime agency won’t be joined to fight over 1MDB-linked funds

UK crime agency won’t be joined to fight over 1MDB-linked funds

26 August 2020

The High Court in London has dismissed an attempt to join the UK’s National Crime Agency (NCA) to litigation over the proceeds of an arbitral award that Malaysian authorities have linked to the 1MDB corruption scandal.

Joint bank accounts can be garnished in Singapore

Joint bank accounts can be garnished in Singapore

26 August 2020

The Singapore High Court has ruled for the first time that a joint bank account can be garnished where there is a strong prima facie basis to conclude that all the money in the account belongs to the debtor.

US court enforces treaty award against Ukraine

US court enforces treaty award against Ukraine

25 August 2020

A US court has confirmed a US$112 million investment treaty award in favour of Russian oil and gas producer Tatneft against Ukraine, dismissing arguments that the late arbitrator Francisco Orrego Vicuña showed bias by failing to disclose an appointment by the claimant’s counsel in a separate case.

Counsel criticised in Kazakhstan enforcement battle

Counsel criticised in Kazakhstan enforcement battle

24 August 2020

A US court has criticised counsel in discovery proceedings brought by Moldovan investors seeking to enforce a US543 million Energy Charter Treaty award against Kazakhstan, questioning the “judgment and lawyering” on both sides.

Consulting firm appeals discovery for treaty dispute

Consulting firm appeals discovery for treaty dispute

18 August 2020

A US consulting firm and its CEO have appealed a New York court’s order requiring them to produce evidence in aid of a Russian fund’s investment treaty claim against Lithuania, arguing the proceeding is akin to an international commercial arbitration for which recent case law has confirmed discovery is not permitted.

Veon subsidiary seeks to revive Canada claim

Veon subsidiary seeks to revive Canada claim

17 August 2020

An Egyptian subsidiary of Dutch telecoms group Veon has applied to ICSID to revive a US$1.8 billion bilateral investment treaty claim against Canada that was dismissed on the merits earlier this year.

Faulty service dooms bid to revive DR-CAFTA claim

Faulty service dooms bid to revive DR-CAFTA claim

14 August 2020

Two dual nationals who sought to revive a US$41.5 million DR-CAFTA claim against the Dominican Republic were out of time in serving set-aside proceedings on the state, a US court has ruled.