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Enforcement and Set-Aside

Germany’s top court shows obedience to Achmea

Germany’s top court shows obedience to Achmea

09 November 2018

After its request for a preliminary ruling from the Court of Justice of the European Union led to the notorious Achmea decision, Germany's top court has followed that judgment’s reasoning and set aside an award in favour of the Dutch insurer based on an intra-EU investment treaty.

US appeal denied in Czech blood plasma saga

US appeal denied in Czech blood plasma saga

07 November 2018

A Liechtenstein company has failed in its latest bid to enforce a US$400 million award against the Czech Republic in the US courts, as its founder pursues a related investment treaty claim worth US$2.5 billion.

“Well known” arbitrator sees award set aside in London

“Well known” arbitrator sees award set aside in London

02 November 2018

The Commercial Court in London has partially set aside an ICC award in a US$75 million banking dispute because of “serious irregularity” while declining to remove the sole arbitrator – who is described as “a very senior English QC, well known and highly regarded in the world of international commercial arbitration”.

The enforcement challenge under the spotlight

31 October 2018

Enforcement is the “single most important challenge” facing arbitration today, said Emmanuel Gaillard, at the opening of the latest conference of the International Arbitration Institute, which focused on enforcement against states. Margaret Clare Ryan, senior associate at Shearman & Sterling, reports on the two-day conference that covered procedural and strategic considerations, the piercing of the corporate veil and laws on sovereign immunity in several jurisdictions.

Enforcement strategies considered in Amsterdam

Enforcement strategies considered in Amsterdam

Premium article - 31 October 2018

A conference in Amsterdam looked at strategies that can be adopted at the outset of a dispute where enforcement of foreign arbitral awards is likely to be an issue and at current challenges and controversies related to enforcement. Mathieu Raas of Baker McKenzie in Amsterdam reports.

Turkish company seeks to enforce against Gabon

Turkish company seeks to enforce against Gabon

Premium article - 31 October 2018

A Turkish construction company has applied to a US court to enforce a US$47 million ICC award against Gabon over an aborted project to build a presidential palace and other buildings.

Malaysia to challenge multibillion-dollar 1MDB settlement

Malaysia to challenge multibillion-dollar 1MDB settlement

Premium article - 30 October 2018

The Malaysian government is to challenge a US$5.8 billion settlement negotiated under former prime minister Najib Razak that ended an LCIA arbitration between the country’s scandal-wracked sovereign wealth fund 1MDB and an Abu Dhabi government-owned entity.

English jurisdiction upheld in Pakistani power dispute

English jurisdiction upheld in Pakistani power dispute

Premium article - 29 October 2018

A Pakistani state-owned entity has been denied leave to appeal an English court injunction that prevents it from challenging a US$130 million LCIA award in the courts of Lahore.

Spain says Achmea bars enforcement of solar award

Spain says Achmea bars enforcement of solar award

Premium article - 24 October 2018

Spain has sought to prevent the enforcement in the US of a €53 million Energy Charter Treaty award in favour of a Luxembourg fund, on the basis of the judgment on intra-EU investment arbitration in Achmea.

Enforcement of Libyan oil award stayed in Paris

Enforcement of Libyan oil award stayed in Paris

Premium article - 24 October 2018

A Paris court has stayed the enforcement of a US$116 million ICC award won by the Libyan National Oil Company against a UAE company in a dispute over the supply of crude oil to Libya’s biggest refinery, pending the outcome of set-aside proceedings.