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Enforcement and Set-Aside

Canadian Supreme Court denies Kyrgyzstan creditors

Canadian Supreme Court denies Kyrgyzstan creditors

Premium article - 21 June 2017

Two investors may be at the end of their efforts to recover awards against Kyrgyzstan in Canada, after the Supreme Court refused to hear the appeal of a decision denying enforcement against shares held by state-owned enterprise Kyrgyzaltyn.

Eni seeks to enforce Nigerian oil award

Eni seeks to enforce Nigerian oil award

Premium article - 20 June 2017

Italy’s Eni and its partner in two oil blocks in the Niger Delta have applied to confirm a US$573 million award against the Nigerian National Petroleum Corporation – the latest in a series of enforcement actions the state entity faces in New York.

Canada defeats NAFTA award challenge

Canada defeats NAFTA award challenge

Premium article - 16 June 2017

A US court has upheld a NAFTA award that rejected a US renewable energy investor’s US$810 million claim against Canada, ruling that the tribunal’s deference to the Ontario authorities was not a manifest disregard of the law.

French court sows seeds of third-party challenges

French court sows seeds of third-party challenges

Premium article - 15 June 2017

In a potentially ground-breaking decision, Paris’s first instance court has allowed a third party to partially challenge the enforcement of a foreign arbitration award over the production and sale of sugar beet seeds.

Cape Verde award confirmed after no-show

Cape Verde award confirmed after no-show

Premium article - 14 June 2017

A US court has issued a default judgment confirming a Permanent Court of Arbitration award against Cape Verde after the African island state failed to appear.

Belgian court unfreezes Russian assets in Yukos case

Belgian court unfreezes Russian assets in Yukos case

Premium article - 09 June 2017

A Belgian court has ordered the lifting of attachments on Russian-owned real estate and bank accounts in Brussels that were frozen two years ago at the request of one of the former majority shareholders in Yukos.

New fronts open in Spanish solar battle

New fronts open in Spanish solar battle

Premium article - 23 May 2017

A British investment fund that won a €128 million Energy Charter Treaty award against Spain over renewable energy subsidies has applied to a US court to enforce it, as ICSID registers yet another claim against the state relating to reforms to that sector.

Amsterdam court weighs into Yukos battle

Amsterdam court weighs into Yukos battle

Premium article - 10 May 2017

An Amsterdam court has ruled that Russia unlawfully drove Yukos into bankruptcy, a decision that could have a bearing on the efforts of the oil company’s former majority shareholders to collect on their US$50 billion Energy Charter Treaty award against the state.

Ryanair ruling creates dual system for enforcement in France

Ryanair ruling creates dual system for enforcement in France

Premium article - 08 May 2017

A ruling that empowers the French administrative courts to hear petitions to enforce foreign awards arising from public contracts has created confusion for users and robbed France of its status as a leading arbitration venue, a prominent practitioner has warned.

Annulled Pemex award can’t be enforced in Luxembourg

Annulled Pemex award can’t be enforced in Luxembourg

Premium article - 02 May 2017

In a decision at odds with French and US case law, a Luxembourg court has blocked the enforcement of a US$300 million ICC award against Mexican state oil and gas company Pemex that was set aside at the seat of arbitration.