Work Area: Enforcement and set-aside

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

French investor fails to revive award against Libya

The French Court of Cassation has upheld a decision to annul an ICC investment treaty award against Libya based on corruption allegations that were never raised in the arbitration.

09 September 2022

Libyan sovereign wealth fund defeats attachment bid

The French Court of Cassation has blocked a Kuwaiti arbitral creditor from attaching US$300 million worth of assets belonging to a Libyan sovereign wealth fund, in line with recent EU case law curbing attempts to target assets frozen by international sanctions.

08 September 2022

Chinese tech company wins partial annulment in software dispute

UPDATED WITH LINK TO AWARD: A subsidiary of the creator of Chinese social media website Weibo has persuaded a Dutch court to partially annul a US$116 million award concerning alleged misuse of location-based services software, a dispute that has spawned enforcement proceedings in Hong Kong and the British Virgin Islands.

01 September 2022

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