Work Area: Enforcement and set-aside

French court says PCA lacked power to intervene in OIC case

The Paris Court of Appeal has ruled that the Permanent Court of Arbitration had no authority to assist in the appointment of a tribunal to hear a US$525 million claim against Libya after the Organization of Islamic Cooperation refused to appoint an arbitrator on the state’s behalf.

26 March 2021

Singapore court sides with LCIA panel on forced joinder

The Singapore High Court has said an LCIA tribunal was right to refuse to join a third party to a dispute over a real estate venture, finding that it had not consented to the joinder simply by being a signatory to the same arbitration agreement.

26 March 2021

Insurer on the hook for pollution award, court says

A US court has upheld an UNCITRAL award that ordered a German insurer to cover nearly US$44 million in settlements reached by Houston-based energy company Phillips 66 to resolve lawsuits over pollution caused by a gasoline additive.

26 March 2021

India challenges Cairn’s billion-dollar tax award

India has reportedly applied to a Dutch court to set aside an investment treaty award requiring it to pay US$1.2 billion plus interest to Scotland’s Cairn Energy in compensation for a retroactive tax demand.

24 March 2021

Lebanese creditor seizes Congo oil revenues

A French court has confirmed that a Lebanese creditor seeking to enforce €1.4 billion worth of ICC awards against the Republic of the Congo can attach US$30 million in funds from the state’s national oil company.

24 March 2021

Does India recognise emergency awards?

On the same day the Delhi High Court enforced a SIAC emergency arbitrator’s order restraining Amazon’s Indian business partner from proceeding with a US$3.4 billion asset sale, a panel at GAR Interactive India discussed the value of emergency relief in the jurisdiction.

24 March 2021

Swiss court rejects Spain’s challenge to solar award

A Swiss court has upheld a €91 million Energy Charter Treaty award in favour of a group of solar power investors against Spain despite the tribunal’s refusal to reconsider its jurisdiction in light of Achmea.

23 March 2021

Costa Rican court enforces against non-signatory

The Supreme Court of Costa Rica has confirmed a US$23 million ICC award against one of the country’s largest construction groups – despite the fact it had not signed the underlying arbitration agreement.

22 March 2021

Lebanese broadcaster’s award upheld in Paris

The Paris Court of Appeal has upheld an ICC award requiring a Saudi prince’s media group to pay US$22 million to a Lebanese television station.

16 March 2021

Egyptian LNG saga finally at an end

After a previous settlement was sunk by the coronavirus pandemic, Egypt has finally concluded its long-running dispute with Spain’s Naturgy and Italy’s Eni over a gas liquefaction plant, which gave rise to a US$2 billion ICSID award and several high-value commercial arbitrations.

12 March 2021

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