Work Area: Enforcement and set-aside
Chinese cinema award enforced in US
A US court has enforced a US$450 million CIETAC award against a Chinese billionaire over investments in a cinema company, rejecting arguments that the tribunal was biased and failed to properly address his allegations of fraud.
04 October 2022
Canada BIT award upheld at ICSID
A subsidiary of Russian-owned telecoms group Veon has failed to revive a US$1.8 billion investment treaty claim against Canada – while the state has also failed to partially annul the award.
03 October 2022
French court won’t revive treaty claim against Venezuela
The Paris Court of Appeal has refused to resurrect a US$600 million BIT claim brought by two real estate investors against Venezuela, ruling the arbitrators were right to find the treaty’s offer of UNCITRAL arbitration was “obsolete”.
03 October 2022
Sultan’s heirs take Malaysia mega-award to the Netherlands
The heirs to a sultanate on the island of Borneo have asked a Dutch court to enforce their US$15 billion award against Malaysia.
30 September 2022
Shell complies with ICC award over LNG facility
The US operator of a liquified natural gas storage facility in Mexico has halted efforts to enforce an ICC award in a US$1.3 billion dispute with subsidiaries of Shell and Gazprom, saying the Shell unit is now in “full compliance” with the award.
30 September 2022
Kabab-Ji ruling cements cross-Channel clash
The French Court of Cassation has upheld an ICC award won by Lebanese company Kabab-Ji after confirming that French law applied to the arbitration agreement, cementing an “embarrassing” clash with the UK’s top court which has already denied enforcement after finding that English law applied.
29 September 2022
Indian airline funds unfrozen in Canada
A Quebec appeal court has unfrozen US$17 million in funds belonging to India’s national flag carrier, finding that the province’s civil code does not permit enforcement against a state-owned company merely because it is an “alter ego” of a debtor state.
22 September 2022
Russia wins appeal over Dutch representation
A Dutch court has ruled that the dean of the Hague Bar was wrong to refuse to appoint replacement legal representation for Russia in various set-aside proceedings after the state’s original counsel resigned following the outbreak of war in Ukraine.
21 September 2022
Spain liable in another solar case
An ICSID tribunal has ruled Spain must compensate a group of German investors for reforms to its renewable energy subsidy regime, while other disputes over the same measures have seen failed reconsideration requests and an unsuccessful enforcement bid in Colombia.
16 September 2022
Quebec court maintains freeze on Indian assets
A Quebec court has refused to lift a freeze on US$37 million in funds owed to India’s airports authority, ruling it has no jurisdiction to declare that recent legislation preventing such seizures has retroactive effect.
14 September 2022