Work Area: Enforcement and set-aside

Born criticises excessive court scrutiny of arbitral innovations

At a keynote at GAR Live Abu Dhabi today, Gary Born warned of courts applying an “ill-informed and counterproductive” level of scrutiny to innovative arbitral mechanisms that promote the speedy resolution of disputes.

09 February 2022

Nigeria revives discovery bids in US and BVI

Nigeria has overturned orders in the courts of the US and British Virgin Islands that blocked it from obtaining discovery to support its allegations that a gas company procured a US$10 billion award against the state through fraud.

08 February 2022

Fluor sees off bulk of claim over Belt and Road project

An ICC tribunal in Houston has dismissed the bulk of a US$42 million claim against Texas-based construction group Fluor over deliveries for a Belt and Road refinery project in Kuwait.

07 February 2022

Spanish contractor weighs claim over Dubai metro project

Spanish construction company Acciona is reportedly considering international arbitration against the United Arab Emirates over cost overruns on a billion-dollar project to expand the Dubai metro.

04 February 2022

New Zealand courts hear first ICSID recognition bid

A court in New Zealand has said it can hear a request for recognition of an ICSID award against Hungary, even though there is no evidence the state has any assets in the jurisdiction.

04 February 2022

Devas investors launch new claim against India

Investors in Devas Multimedia have launched a new treaty claim against India over its “unprecedented” efforts to thwart enforcement of a US$1.3 billion ICC award – weeks after the company’s liquidation was upheld by the Indian Supreme Court.

03 February 2022

Benin can’t escape annulled award

A French court has upheld the enforcement of an ICC award against Benin even though it was annulled by the courts at the seat, reasoning that the set-aside decision is irrelevant until it is itself recognised in France.

03 February 2022

Belgian supreme court to rule on tribunal secretaries

Belgium’s Court of Cassation has been asked to review a court ruling that found the drafting of an ICC award by a secretary was not an improper delegation of the tribunal’s decision-making powers.

02 February 2022

Enforcing emergency awards in Ukraine: near miss or impossibility?

Oleksandr Kushch of Aequo in Kiev considers the barriers to enforcing emergency arbitration awards in Ukraine following a recent ruling in an investment treaty dispute.

02 February 2022

Enforcing awards in the Cayman Islands

With the Cayman Islands’ status as an international financial centre making it a common focus of enforcement efforts, Katie Pearson and Rhiannon Zanetic at Harneys discuss the process for enforcing awards in the territory, interim remedies and some important recent case law.

31 January 2022

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