Work Area: Enforcement and set-aside

Kantor award upheld in BP tax dispute

A US court has upheld the award of an ICDR tribunal chaired by Mark Kantor which found BP did not have to pay US$56 million to compensate three drilling contractors for changes to US tax law.

24 November 2021

Egypt fails to overturn Finnish investor’s award

A Finnish businessman has seen his US$121 million investment treaty award against Egypt upheld in the Dutch courts, at the same time failing to revive an attachment over a state-owned property in The Hague.

23 November 2021

Australian miner buries Singapore set aside bid

An Australian mining company says it has defeated a bid by its joint venture partner to set aside a SIAC award over their US$463 million copper and gold project in the Philippines.

22 November 2021

Panama Canal arbitrators cleared of bias

A US court has upheld an ICC award worth over US$270 million in favour of the Panama Canal Authority, rejecting a construction consortium’s allegations that the arbitrators showed bias by failing to disclose their “cross-appointments” in other cases.

19 November 2021

Baker Hughes sees award upheld in Nigerian LNG plant dispute

A Luxembourg company has failed to revive a US$763 million ICDR claim against US oilfield services group Baker Hughes over a liquefied natural gas project in Nigeria.

19 November 2021

Oxy loses challenge over Ecuador payout

A US court has confirmed an award requiring Occidental Petroleum to pay more than US$500 million to its Chinese-owned former partner in an oil block in Ecuador, rejecting arguments that an arbitrator’s failure to disclose a professional relationship with a member of the award creditor’s counsel team amounted to a “fraud”.

18 November 2021

Belgian court finds Stati award obtained by fraud

A Belgian court has ruled that a US$545 million Energy Charter Treaty award against Kazakhstan cannot be enforced, finding that Moldovan creditors Anatolie and Gabriel Stati obtained it through fraud.

17 November 2021

Westworld-style theme park developer wins JAMS award

A US developer of “virtual reality” theme parks has applied to enforce a JAMS award requiring its UK partner to pay US$45 million in capital contributions towards a joint venture – months after a related fraud suit was discontinued.

15 November 2021

Set-aside affirmed after ICC panel upholds “eleventh hour” defence

The Singapore Court of Appeal has affirmed a decision to partially set aside an ICC award over a polysilicon plant because the tribunal upheld a “completely new” defence that was only introduced in closing submissions.

12 November 2021

Chinese cinema investors take CIETAC award to New York

Three Chinese entities have asked a US court to enforce a US$300 million CIETAC award against a Chinese billionaire over investments in a cinema company.

12 November 2021

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