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Enforcement and Set-Aside

Russia fails to stay enforcement of Crimea award

Russia fails to stay enforcement of Crimea award

Premium article - 25 October 2019

The Paris Court of Appeal has refused to grant Russia a stay of enforcement of a US$1.1 billion treaty award in favour of a Ukrainian bank over expropriated assets in Crimea while it considers the state's application to set it aside.

French court upholds annulment over law firm conflict

French court upholds annulment over law firm conflict

Premium article - 25 October 2019

UPDATED: France’s Court of Cassation has refused to reinstate an ICC award in favour of Audi Volkswagen that was set aside because of a German arbitrator’s failure to disclose work undertaken by his law firm for the carmaker’s affiliate while the arbitration was pending.

Indian court addresses taxability of foreign awards

Indian court addresses taxability of foreign awards

Premium article - 25 October 2019

The Delhi High Court has upheld arguments by a Glencore affiliate that no withholding tax is permissible on a foreign arbitral award. Hatty Sumption of Clyde & Co and Sumeet Lall of CSL Chambers, who acted for Glencore in the dispute, report.

Arbitrators must disclose stakes in arbitral bodies, says US appeals court

Arbitrators must disclose stakes in arbitral bodies, says US appeals court

Premium article - 24 October 2019

A US appeals court has vacated a sole arbitrator’s award on the basis that he failed to disclose his ownership interest in the arbitral institution that administered the dispute – a precedent that a dissenting judge warns is likely to generate “endless litigation” in other cases.

Ukraine fails in appeal over enforcement in Russia

Ukraine fails in appeal over enforcement in Russia

Premium article - 23 October 2019

The Russian Supreme Court has declined to hear an appeal by Ukraine against a decision that enforced a US$112 million investment treaty award against assets the state holds in Russia.

No Singapore seat for Chinese dispute, rules appeal court

No Singapore seat for Chinese dispute, rules appeal court

Premium article - 22 October 2019

The Singapore Court of Appeal has quashed a ruling that affirmed a SIAC tribunal’s jurisdiction to hear a case under a clause providing for “arbitration in Shanghai” – concluding that the Chinese city was clearly intended as the seat for the dispute.

Gearing barred from defending Nissan award in Singapore

Gearing barred from defending Nissan award in Singapore

Premium article - 22 October 2019

Allen & Overy partner Matthew Gearing QC has been denied permission to appear before the Singapore International Commercial Court to help Nissan defend a jurisdictional decision in an investment treaty arbitration against India.

Roadworks award enforced against Kyrgyz ministry

Roadworks award enforced against Kyrgyz ministry

Premium article - 18 October 2019

A Turkish construction company has had an UNCITRAL award against a Kyrgyz ministry enforced by a court in Washington, DC, after conceding it was only worth US$25 million including interest and not US$2 billion as it initially claimed.

US courts continue to show restraint over “manifest disregard” doctrine

US courts continue to show restraint over “manifest disregard” doctrine

Premium article - 14 October 2019

Hughes Hubbard & Reed’s co-chair of international arbitration Hagit Elul and associate Olivia Bensinger in New York consider a recent decision showing that US courts continue to exercise restraint when it comes to applying the controversial doctrine of “manifest disregard of the law” as a basis for vacating an arbitral award.

Guatemala faces treaty claim over electric tariffs

Guatemala faces treaty claim over electric tariffs

Premium article - 07 October 2019

Guatemala has been threatened with an investment treaty claim over electricity tariffs – while another energy investor has seen its US$21 million ICSID award against the state confirmed in the US.