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Enforcement and Set-Aside

Border control company seeks to collect from Maldives

Border control company seeks to collect from Maldives

01 February 2019

An Australian company has asked a US court to confirm a US$20 million SIAC award against the Maldives relating to an immigration border control system that gave rise to allegations of corruption.

New phase of “gas wars” begins in Stockholm

New phase of “gas wars” begins in Stockholm

31 January 2019

A newly formed tribunal at the Stockholm Chamber of Commerce has begun hearing the latest iteration of a multibillion-dollar dispute between Ukraine’s Naftogaz and Russia’s Gazprom over long-term contracts for the supply and transit of gas.

Billion-dollar award set aside in Paris

Billion-dollar award set aside in Paris

30 January 2019

A French court has partially set aside a US$1.3 billion investment treaty award in favour of a Canadian mining company against Venezuela, raising the prospect that damages will have to be considered afresh in further arbitral proceedings.

Russia’s Supreme Court reviews practice in wake of ruling on ICC model clause

Russia’s Supreme Court reviews practice in wake of ruling on ICC model clause

30 January 2019

Russia’s Supreme Court has released its first review of arbitration-related court practice since the new Russian arbitration law came into force in 2016 – recommending in the wake of a controversial court ruling in relation to an agreement to submit disputes to ICC arbitration that model clauses of arbitral institutions shall be enforceable.

Mixed messages: developments in recognition of foreign arbitral awards in Russia

Mixed messages: developments in recognition of foreign arbitral awards in Russia

25 January 2019

Partner and head of international arbitration at Akin Gump Justin Williams, senior counsel Alexander Trukhtanov and counsel Jenny Arlington, assisted by Georgy Shashero, consider the current environment in Russia for the recognition and enforcement of foreign arbitral awards and offer some practical suggestions for users.

Nigeria wins reprieve to contest mega-award in London

Nigeria wins reprieve to contest mega-award in London

23 January 2019

UPDATED: The Commercial Court in London has ruled that Nigeria should be permitted to present arguments against the enforcement of a US$9 billion arbitral award despite having missed a filing deadline – citing the “extraordinary” size of the damages and the “major impact” it could have for the country’s citizens and tax payers among other factors.

Service on states can’t be bypassed, UK court holds

Service on states can’t be bypassed, UK court holds

22 January 2019

London’s Commercial Court has partially set aside an order to enforce an award against Libya, holding that it cannot dispense with requirements for service of proceedings on a foreign state even in the “exceptional circumstances” of Libya’s civil unrest.

Yukos bankruptcy denied recognition in the Netherlands

Yukos bankruptcy denied recognition in the Netherlands

21 January 2019

The Dutch Supreme Court has confirmed that a Russian judgment declaring the bankruptcy of Yukos should be denied recognition on public policy grounds, ending a long-running battle for control of the Russian oil company’s international assets.

Rosneft subsidiary targeted in Texas

Rosneft subsidiary targeted in Texas

15 January 2019

A Texan oil company backed by a third-party funder has asked the US courts to enforce a Stockholm Chamber of Commerce award worth more than US$200 million against a subsidiary of Rosneft that was found to have engaged in fraud in connection with a joint venture in Siberia.

Egypt seeks to annul award over approach to corruption “red flags”

Egypt seeks to annul award over approach to corruption “red flags”

11 January 2019

Egypt has applied to annul an ICSID award ordering it to pay US$2 billion to a joint venture between Spain’s Naturgy and Italy’s Eni – suggesting that by advancing its own explanation of “red flag” indications of corruption by the venture’s local partner, the tribunal denied the state its right to be heard.