Work Area: Commercial arbitration

Polish utility beats Gazprom set-aside bid

UPDATED: Gazprom has lost its Swedish court challenge to a gas price review award said to be worth US$1.5 billion in favour of Polish state utility PGNiG, as Orrick confirms it has ceased to act as counsel to the Russian state-owned company.

10 March 2022

Malaysian carmaker declares win in dispute over Chinese venture

An HKIAC-administered tribunal has ruled that Malaysian carmaker Proton validly terminated a joint venture to produce and sell a new luxury SUV for the Chinese market, a dispute that saw its former partner bring a US$3.2 billion counterclaim.

09 March 2022

Split ICC panel sides with Libyan state entity

A divided ICC tribunal has ruled that Libya’s national oil company can buy out its Emirati partner in a refinery venture – as a dissenting arbitrator complains of due process violations and says the award “deprives a bona fide investor of its investment”.

08 March 2022

Swiss centre refuses to disqualify arbitrator over academic article

The Swiss Arbitration Centre has refused to disqualify an arbitrator because of views he expressed in an academic article about advances on costs – while suggesting that arbitrators should think twice about publishing on “potentially sensitive issues” while they have cases pending.

07 March 2022

Korean executive faces second ICC claim over share buyback

UPDATED: The chairman of one of South Korea’s largest insurance providers is reportedly facing a second ICC claim by shareholders seeking to force him into a US$1.8 billion purchase of shares under a put-option clause.

04 March 2022

Malaysia ordered to pay US$15 billion

A Spanish arbitrator has ordered Malaysia to pay US$14.92 billion plus interest and costs to the heirs to a sultanate on the island of Borneo, while criticising the state’s “intimidatory and coercive” tactics against him.

28 February 2022

Freezing injunctions against non-signatories in the BVI

Peter Ferrer of Harneys considers a recent British Virgin Islands freezing injunction granted in aid of a foreign arbitration against non-signatories and how it departs from English principles.

25 February 2022

To Kill a Mockingbird award paves way for movie remake

A dispute over rights to Harper Lee's To Kill a Mockingbird has settled after an arbitrator ruled following the author's death that successors and heirs to the makers of the Academy award-winning film retain the movie remake and sequel rights.

24 February 2022

Kosovo Telecom ordered to pay mobile operator

An ICC panel has ordered a Kosovan government-owned telecoms company to pay damages after finding that it failed to act in good faith during contract renewal talks with a local mobile operator.

23 February 2022

Filipino congressman’s ICC claim can proceed in Geneva

A German arbitrator’s failure to disclose that a member of his law firm is a former honorary consul to the Philippines is not sufficient to set aside an order in an ICC case launched by a Filipino congressman, a Swiss court has ruled.

23 February 2022

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