Work Area: Enforcement and set-aside

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

Paris court upholds award against non-signatory

A Paris court has upheld a US$74 million ICC award against two affiliates of Kuwaiti transport and logistics group KGL despite arguments that one of them was not a signatory to the contract.

28 January 2022

Chinese investor takes Nigeria award to DC

A Chinese company has applied to a US court to enforce a US$70 million UNCITRAL award against Nigeria over a joint venture to develop a free trade zone near Lagos – thought to be the first investment treaty win by an investor from mainland China against an African state.

26 January 2022

Chilean state entity brings ICSID claim against Ecuador

Chile’s state-owned copper company has filed an ICSID claim against Ecuador, while a treaty dispute over another mining project is on the horizon.

26 January 2022

Faulty service delays enforcement against Venezuela

Venezuela has successfully appealed the US recognition of an ICSID award worth more than US$42 million in favour of a French plastics company on the basis that the enforcement proceedings were not properly served.

26 January 2022

EU’s top court rules against Miculas in state aid saga

The Court of Justice of the European Union has ruled that the European Commission was competent to decide that Romania’s payment of a €178 million ICSID award in favour of the Micula brothers would violate state aid rules – also finding that Achmea is relevant to the case.

25 January 2022

ICSID creditors to settle feud over Zimbabwe awards

A Zimbabwean forestry company is preparing to settle a dispute with its former owners over the division of US$124 million in proceeds from two overlapping ICSID awards against Zimbabwe – which has given rise to litigation between the creditors in the UK and competing enforcement actions in the US.

21 January 2022

Austrian pharma company alleges arbitral fraud

An Austrian pharmaceuticals company has asked a US court to grant discovery to support criminal allegations that its Taiwanese partner has made fraudulent statements in two ICC arbitrations arising from a multibillion-euro dispute over a blood cancer drug.

20 January 2022

Venezuela loses US appeal over attached shares

A US appeals court has said it lacks jurisdiction to intervene in Canadian mining company Crystallex’s efforts to execute a US$1.4 billion ICSID award against Venezuela’s largest foreign asset as the lower court has yet to make a final decision.

19 January 2022

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