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Enforcement and Set-Aside

Third-party debt can be used for award enforcement, rules UK Supreme Court

Third-party debt can be used for award enforcement, rules UK Supreme Court

Premium article - 25 October 2017

The UK Supreme Court has overturned a decision that said third-party debt could not be used to enforce an award against Iraq’s state oil marketing company, with two judges dissenting.

Romania undoes enforcement of Micula award

Romania undoes enforcement of Micula award

Premium article - 24 October 2017

A US appeal court has overturned the expedited recognition of a US$252 million award in favour of brothers Ioan and Viorel Micula against Romania – following a recent precedent that ICSID awards against foreign states cannot be enforced on an ex parte basis.

Ukraine asks Russia’s top court to bar Tatneft enforcement

Ukraine asks Russia’s top court to bar Tatneft enforcement

Premium article - 19 October 2017

Ukraine has appealed to Russia’s Supreme Court to try and bar enforcement of an investment treaty award worth US$144 million in favour of Russian oil company Tatneft – as the state also contests enforcement of the award in three other jurisdictions.

English court upholds LCIA award in oligarch joint venture dispute

English court upholds LCIA award in oligarch joint venture dispute

Premium article - 13 October 2017

The English Commercial Court has dismissed a challenge to a US$300 million LCIA award issued in a joint venture dispute between Ukrainian-Russian oligarchs, ruling that it did not contain serious irregularity.

Yukos shareholders give up on enforcement in France

Yukos shareholders give up on enforcement in France

Premium article - 10 October 2017

The former majority shareholders in Yukos who won a US$50 billion award against Russia three years ago have abandoned their attempt to enforce it in France, saying it “no longer makes economic sense”.

Abyei award influences reasoning standard in Maori land dispute

Abyei award influences reasoning standard in Maori land dispute

Premium article - 10 October 2017

New Zealand's Court of Appeal has set aside the award in an ad hoc dispute over ancestral Maori lands – setting out the reasoning requirement and standard for awards under domestic law with reference to the Abyei Arbitration, among other cases.

Ukrainian gas award confirmed in Texas

Ukrainian gas award confirmed in Texas

Premium article - 04 October 2017

A US court has confirmed a US$147 million Stockholm Chamber of Commerce award in favour of a Kuwaiti-owned company against Ukraine’s biggest oil and gas producer.

Shanghai court asked to set aside award for res judicata

Shanghai court asked to set aside award for res judicata

Premium article - 04 October 2017

Following three arbitrations spanning 10 years, a German investor in a Chinese shopping mall has applied to a Shanghai court to set aside an award of the local arbitral commission on the grounds that it contradicts an earlier award in the same dispute.

Sawiris company seeks to annul Algeria award

Sawiris company seeks to annul Algeria award

Premium article - 03 October 2017

A company managed by Egyptian billionaire Naguib Sawiris has applied to ICSID to annul an award that rejected its US$4 billion treaty claim against Algeria as an abuse of rights.

Czech award blocked again in US

Czech award blocked again in US

Premium article - 02 October 2017

A US court has for a second time refused to enforce a blood plasma supplier’s US$650 million award against the Czech Republic, ruling that it was not binding because it failed to clear an arbitral review process.