Work Area: Enforcement and set-aside

Poland overturns denial of justice award

A Brussels court has set aside a US$10 million UNCITRAL award that held Poland liable for a denial of justice – in what is thought to be the first time an investment treaty award has been annulled in Belgium.

01 March 2022

Apple wins ICC dispute with headphones maker

An ICC tribunal has ruled that a US headphones maker violated a confidentiality agreement with Apple when it sued the California-based tech multinational for alleged patent infringement.

01 March 2022

Telecoms investor fails to revive NAFTA claim

A Canadian court has dismissed a US businessman’s attempt to revive a US$472 million NAFTA claim against Mexico over a regulatory decision that allegedly destroyed his telecoms business.

24 February 2022

LCIA award surfaces in Russian bank fraud case

Sons of a prominent Russian businessman took part in a “dishonest scheme” with a bank executive to replace US$500 million worth of secured loans with “unmarketable” bonds, according to a now-public LCIA award.

22 February 2022

Indonesia resists award over aborted satellite project

UPDATED: Indonesia’s ministry of defence is reportedly resisting a Hungarian technology group’s efforts to enforce a US$20 million ICC award over a cancelled satellite project.

21 February 2022

Steinmetz lawyers say Vale award may be reopened after fraud trial collapses

Beny Steinmetz’s eponymous mining company may seek to overturn a US$2 billion LCIA award in favour of Brazil’s Vale following the collapse of a related fraud litigation this week, the Israeli businessman’s lawyers have said.

17 February 2022

Taiwan pharma group quashes damages award in Germany

The German Supreme Court has set aside a €140 million damages award against a Taiwanese pharmaceuticals company after finding the ICC tribunal violated its right to be heard – in a fight over a blood cancer drug that has spawned a second ICC case worth US$5 billion and a criminal complaint.

16 February 2022

Edison loses award challenge in environmental dispute

A Swiss court has upheld an ICC award requiring Italian power utility Edison to pay over €91 million to Belgian chemicals producer Solvay for breaches of environmental guarantees relating to the sale of two industrial plants two decades ago.

16 February 2022

Lithuania’s suit against Veolia thrown out

A court in Vilnius has refused to admit claims brought by the Lithuanian government against French environmental services group Veolia that were originally raised in an intra-EU BIT arbitration at ICSID.

14 February 2022

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

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