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Enforcement and Set-Aside

BOOK REVIEW: The Guide to Challenging and Enforcing Arbitration Awards

BOOK REVIEW: The Guide to Challenging and Enforcing Arbitration Awards

11 February 2020

Renowned arbitrator Alan Redfern of One Essex Court in London reviews a guide to challenging and enforcing awards published by GAR's publisher Law Business Research.

Gazprom and Naftogaz say farewell to Stockholm

Gazprom and Naftogaz say farewell to Stockholm

06 February 2020

Having finally settled a set of multibillion-dollar disputes at the Stockholm Chamber of Commerce, Russia’s Gazprom and Ukrainian state entity Naftogaz have reportedly opted not to include SCC arbitration provisions in their new gas transit arrangements, it has emerged.

Is there a difference between venue and seat under Indian law?

Is there a difference between venue and seat under Indian law?

04 February 2020

Ila Kapoor and Ananya Aggarwal of Shardul Amarchand Mangaldas in New Delhi consider two recent Indian Supreme Court judgments that have revived confusion over the difference between the seat and venue of an arbitration.

Award upheld in US-Chinese venture capital feud

Award upheld in US-Chinese venture capital feud

04 February 2020

A California court has upheld an ICDR award rendered by Canada’s Gerald Ghikas QC in a dispute over a US$200 million US-Chinese venture capital partnership, rejecting arguments that the sole arbitrator exceeded his authority or committed misconduct.

Canadian court bars new evidence in Yukos set-aside bid

Canadian court bars new evidence in Yukos set-aside bid

31 January 2020

A Canadian court has barred Russia from presenting fresh evidence in support of its bid to set aside a jurisdictional award in a US$700 million Energy Charter Treaty case brought by an investor in the defunct Yukos Oil Company.

Insurer challenges award over gas pollution settlements

Insurer challenges award over gas pollution settlements

27 January 2020

A German insurer has challenged an UNCITRAL award that requires it to cover nearly US$44 million in settlements agreed by Houston-based energy company Philips 66 to resolve lawsuits over pollution caused by a gasoline additive.

Paris seat doesn’t disturb choice of English law, says appeal court

Paris seat doesn’t disturb choice of English law, says appeal court

24 January 2020

In what some warn may be a repeat of the famous Dallah case, the Court of Appeal in London has refused to enforce an ICC award in a Paris-seated dispute over a Middle Eastern food franchise after finding that English and not French law applied to the question of whether the debtor was bound by the arbitration agreement.

Chinese investors fail to revive treaty claim against Mongolia

Chinese investors fail to revive treaty claim against Mongolia

14 January 2020

Three Chinese state-owned entities have lodged an appeal following the rejection of their bid to set aside an investment treaty award favouring Mongolia.

Chile sees off Pey Casado claims

Chile sees off Pey Casado claims

13 January 2020

An ad hoc committee has dismissed a bid by the now-deceased Victor Pey Casado to revive his two-decade long ICSID claim against Chile – as an UNCITRAL tribunal rejects a parallel claim brought by the former publisher.

Swedish investors pursue will.i.am over failed earbuds deal

Swedish investors pursue will.i.am over failed earbuds deal

09 January 2020

A group of Swedish tech investors have applied to a California court to enforce an SCC award against the Hollywood electronics company founded by musical artist will.i.am, following the aborted purchase of a wireless earbuds manufacturer.