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Enforcement and Set-Aside

Costs payday for Russia after withdrawn Yukos claim

Costs payday for Russia after withdrawn Yukos claim

Premium article - 29 September 2017

A Dutch company has paid a costs award to Russia after withdrawing one of a series of “second wave” Yukos-related claims against the state last year.

Syria award upheld in Switzerland

Syria award upheld in Switzerland

Premium article - 29 September 2017

A Middle Eastern company that saw the bulk of its US$300 million claim against Syria dismissed by an ICC tribunal has lost a challenge to the award before Switzerland’s highest court.

ECJ adviser gives thumbs-up to intra-EU BITs

ECJ adviser gives thumbs-up to intra-EU BITs

Premium article - 19 September 2017

In a closely watched case with implications for nearly 200 treaties, an advocate general of the European Court of Justice has advised that investor-state arbitration provisions in a bilateral investment treaty between the Netherlands and Slovakia are compatible with EU law.

Crystallex sues New York bank over Venezuela funds

Crystallex sues New York bank over Venezuela funds

Premium article - 15 September 2017

UPDATED: An ICSID creditor has brought a US court action to compel Bank of New York Mellon to hand over funds belonging to the Venezuelan government that are also at issue in an unrelated arbitration in Rio de Janeiro.

Canadian province loses challenge over Exxon royalties

Canadian province loses challenge over Exxon royalties

Premium article - 11 September 2017

The Canadian province of Newfoundland and Labrador has failed to set aside an UNCITRAL award in favour of a consortium led by ExxonMobil in a dispute over royalties from a US$5 billion offshore oil project.

Laos cements set-aside in Malaysia

Laos cements set-aside in Malaysia

Premium article - 11 September 2017

Malaysia's top court has refused to reinstate a US$56 million UNCITRAL award against Laos, a month after it was denied enforcement by a US appeal court.

ICSID panel unmoved by earthquake plea

ICSID panel unmoved by earthquake plea

Premium article - 04 September 2017

An ICSID annulment committee has lifted a stay of enforcement of a US$380 million award in favour of ConocoPhillips against Ecuador, ruling that the state's budgetary pressures - Including the cost of a devastating earthquake - do not justify delaying payment.

Shanghai court refuses to enforce SIAC sole arbitrator's award

Shanghai court refuses to enforce SIAC sole arbitrator's award

Premium article - 30 August 2017

A court in Shanghai has refused to enforce a SIAC award on the grounds that the Singapore institution's use of an expedited procedure with a sole arbitrator breached the parties' agreement that disputes would be resolved by a three-member tribunal.

Arrest follows Tanzanian plane seizure

Arrest follows Tanzanian plane seizure

Premium article - 23 August 2017

A Tanzanian opposition politician has been arrested after breaking the news of a British award creditor's seizure of a new plane ordered for Tanzania's national airline.

DIFC judge cuts through Kurdistan sovereignty defence

DIFC judge cuts through Kurdistan sovereignty defence

Premium article - 22 August 2017

The government of Kurdistan's attempt to assert a sovereign immunity defence against enforcement of a US$2 billion LCIA partial award in the Dubai International Financial Centre has foundered, after an English judge at the DIFC Courts ruled it had already waived its rights.