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Enforcement and Set-Aside

Brazilian miner’s US$2 billion award enforced in US

Brazilian miner’s US$2 billion award enforced in US

06 March 2020

Brazil’s Vale has obtained a US court order recognising its US$2 billion LCIA award against BSG Resources, the insolvent Guernsey mining company founded by Beny Steinmetz – after it won a freezing order against the Israeli diamond tycoon and his associates in the English courts.

“Witness gating” leads to set-aside in Singapore

“Witness gating” leads to set-aside in Singapore

02 March 2020

The Singapore High Court has set aside an award against an Indian steel manufacturer after finding that the sole arbitrator had denied it the right to a fair hearing by declining to call any of its seven witnesses.

A win and a loss for Libya

A win and a loss for Libya

28 February 2020

Libya has seen mixed results in two ICC investment treaty cases brought by different Turkish investors in construction projects disrupted by the country’s civil war, with a US$95 million claim dismissed in its entirety in one case and the state held partly liable in the other.

Egypt settles saga over LNG plant

Egypt settles saga over LNG plant

28 February 2020

Spain’s Naturgy and Italy’s Eni have agreed to settle a long-running dispute with Egypt over a natural gas liquefaction plant at the port city of Damietta – which gave rise to a US$2 billion ICSID award and various claims against state-owned entities.

Which law governs the arbitration agreement?

Which law governs the arbitration agreement?

27 February 2020

Ben Hornan, Jerome Finnis and Charlie Howell of Hogan Lovells in London consider the implications of the English Court of Appeal’s recent decision in Kabab-Ji v Kout for the question of which law governs an arbitration agreement.

Guaidó government appeals seizure of PDVSA assets

Guaidó government appeals seizure of PDVSA assets

27 February 2020

Venezuela's government-in-exile led by opposition leader Juan Guaidó has asked the US Supreme Court to overturn a ruling that allowed the attachment of shares in a US refinery business owned by state oil and gas company PDVSA, saying the decision has “serious foreign policy implications”.

Swedish court consults ECJ over Poland award

Swedish court consults ECJ over Poland award

26 February 2020

The Supreme Court of Sweden has requested a preliminary ruling from the European Court of Justice on whether the Achmea ruling requires it to set aside two intra-EU BIT awards against Poland – even where the state was found to have consented to the arbitration through its conduct.

Spain solar awards enforced in Australia

Spain solar awards enforced in Australia

24 February 2020

An Australian court has enforced a pair of ICSID awards worth a combined €229 million plus interest in favour of European solar power investors against Spain, rejecting the state’s sovereign immunity defence.

Deripaska loses appeal over LCIA award

Deripaska loses appeal over LCIA award

21 February 2020

The Court of Appeal in London has upheld a US$95 million LCIA award against Russian oligarch Oleg Deripaska, rejecting arguments that the award creditor was barred from invoking an arbitration clause because it was a non-signatory.

Reliance and BG defeat India award challenge

Reliance and BG defeat India award challenge

20 February 2020

The Commercial Court in London has rejected India’s challenge to a further award rendered in a multibillion-dollar UNCITRAL dispute with Reliance Industries and BG Group – ruling that the tribunal was entitled to “change its mind” on matters remitted to it by the court two years ago.