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Enforcement and Set-Aside

Mining company seeks to enforce against Bolivia

Mining company seeks to enforce against Bolivia

04 March 2019

A subsidiary of Canada’s TriMetals Mining has asked a US court to enforce an US$18.7 million investment treaty award that held Bolivia liable for nationalising a silver mining project targeted by protests from indigenous communities.

Treaty award against Ukraine enforced in Russia

Treaty award against Ukraine enforced in Russia

01 March 2019

A Russian oil and gas producer has won permission to enforce a US$112 million investment treaty award against Ukrainian state assets in Russia.

Iraqi ex-minister too late to challenge treaty award

Iraqi ex-minister too late to challenge treaty award

28 February 2019

A former Iraqi government minister has been denied permission to pursue a belated challenge to an investment treaty award in favour of Pakistan in the English courts – as it emerges that a parallel set-aside action funded by Burford Capital has been discontinued.

Malaysian oil company wins set-aside in Mumbai

Malaysian oil company wins set-aside in Mumbai

27 February 2019

The Bombay High Court has set aside a US$113 million award obtained by an Indian state-owned company against its Malaysian partner in an eight-year arbitration over a failed venture to develop an offshore oil field near Mumbai.

Venezuela’s rival governments clash in US court

Venezuela’s rival governments clash in US court

26 February 2019

A US court hearing Venezuela’s appeal against the enforcement of a US$1.4 billion investment treaty award has agreed to stay the proceedings at the request of lawyers representing Juan Guaidó, the opposition leader recognised by the US government as Venezuela’s legitimate president – as the embattled government of President Nicolás Maduro insists it still has the right to participate in the case.

Swedish court upholds intra-EU BIT award

Swedish court upholds intra-EU BIT award

22 February 2019

The Svea Court of Appeal has largely upheld a pair of SCC awards worth €176 million in favour of a Luxembourgish entity against Poland, ruling that the state had left it too late to raise objections based on the incompatibility of intra-EU bilateral investment treaties with EU law.

White & Case defeats Yukos discovery bid

White & Case defeats Yukos discovery bid

21 February 2019

The former majority shareholders in Yukos Oil Company have failed in their renewed bid to subpoena White & Case and its chairman Hugh Verrier for evidence in support of efforts to reinstate arbitral awards against Russia worth a combined US$50 billion.

Pharma fraud award upheld but minors spared liability

Pharma fraud award upheld but minors spared liability

20 February 2019

The Singapore High Court has upheld a US$530 million ICC award that held Indian brothers Malvinder and Shivinder Mohan Singh and their companies liable for fraud over the sale of a pharmaceutical business – while annulling its findings against their children.

Brazilian airline denied enforcement in Cayman Islands

Brazilian airline denied enforcement in Cayman Islands

20 February 2019

The Grand Court of the Cayman Islands has refused to enforce a US$55 million ICC award issued a decade ago in favour of a Brazilian airline, finding that two private equity funds that were held liable had not consented to the arbitration.

Challenges to enforcement of foreign awards: recent cases from Indonesia

Challenges to enforcement of foreign awards: recent cases from Indonesia

19 February 2019

Andi Kadir and Bernard Sihombing of HHP Law Firm (Baker McKenzie in Jakarta) consider recent trends in challenges to the enforcement of foreign arbitral awards in Indonesia.