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Enforcement and Set-Aside

Hong Kong’s top court won’t hear challenge to award against US insurer

Hong Kong’s top court won’t hear challenge to award against US insurer

Premium article - 06 November 2017

Hong Kong’s highest court has refused to hear a challenge to the constitutionality of the territory’s arbitration ordinance by AIG, as the US insurer seeks to set aside an ICC award ordering the return of a US$475 million sale deposit.

Russia’s top court declines Ukraine’s appeal over treaty award

Russia’s top court declines Ukraine’s appeal over treaty award

Premium article - 03 November 2017

The Russian Supreme Court has declined to hear an appeal by Ukraine over the enforcement of an investment treaty award now worth US$144 million in favour of Russian oil producer Tatneft – allowing enforcement efforts in Russia to continue.

Yukos shareholders abandon Belgian front

Yukos shareholders abandon Belgian front

Premium article - 02 November 2017

Weeks after dropping their attempt to enforce a US$50 billion Energy Charter Treaty award against Russia in the French courts, the former majority shareholders in Yukos have announced they will abandon similar efforts in Belgium.

ICSID panel bars ancillary claim against Laos

ICSID panel bars ancillary claim against Laos

Premium article - 31 October 2017

An ICSID tribunal hearing the latest iteration of a five-year dispute over a casino in Laos has blocked the claimants from introducing an “ancillary” claim concerning the Lao courts’ refusal to recognise a US$270 million SIAC award.

Tata pays out on billion-dollar LCIA award

Tata pays out on billion-dollar LCIA award

Premium article - 31 October 2017

Japanese telecoms company NTT Docomo says it has received a US$1.28 billion payment from India’s Tata Sons to satisfy an LCIA award relating to a short-lived internet services partnership.

New York Convention trends discussed in New York and Paris

Premium article - 31 October 2017

Two recent events in New York and Paris organised by Shearman & Sterling and UNCITRAL and moderated by Emmanuel Gaillard looked at a recently published guide to the New York Convention and explored trends and developments in relevant case law. Margaret Clare Ryan, a senior associate in Shearman & Sterling’s international arbitration group in London, reports.

Indian advocate admitted for Singapore set-aside

Indian advocate admitted for Singapore set-aside

Premium article - 31 October 2017

Harish Salve SA of Blackstone Chambers in London has been granted permission to appear in the Singapore courts on behalf of an Indian pharmaceutical group seeking to set aside a US$550 million ICC award – the first time that the city-state has admitted a foreign lawyer from outside the English bar.

Ukraine loses challenge to treaty award

Ukraine loses challenge to treaty award

Premium article - 30 October 2017

An English court has upheld an investment treaty award requiring Ukraine to pay US$12 million to London-listed oil and gas company JKX in compensation for measures restricting the sale of gas and transfer of dividends.

Croatia fails to annul award in bribery case

Croatia fails to annul award in bribery case

Premium article - 27 October 2017

UPDATED: Switzerland’s top court has upheld an UNCITRAL award that dismissed Croatia’s claim against a Hungarian oil company accused of bribing its former prime minister.

Kazakhstan loses final appeal over ECT award

Kazakhstan loses final appeal over ECT award

Premium article - 26 October 2017

Sweden’s Supreme Court has ended Kazakhstan’s attempt to set aside a US$506 million Energy Charter Treaty award it says is tainted by fraud.