Work Area: Enforcement and set-aside

Croatia seeks to reopen award in bribery dispute

Croatia has said it will ask a Swiss court to review an UNCITRAL award in favour of Hungarian oil and gas group MOL in the wake of a corruption verdict against a former prime minister – as the Balkan state settles a separate dispute with a US investor.

06 January 2022

A new approach to the public policy defence in Ukraine

Olexander Droug, Tatyana Slipachuk and Alina Danyleiko of Sayenko Kharenko in Kiev say a recent pair of judgments show a volte-face by the Ukrainian Supreme Court in its approach to public policy as a defence to enforcement of arbitral awards.

06 January 2022

Telecoms investors seize Indian aviation funds

Mauritian investors in an Indian telecoms company have frozen US$30 million in aviation funds in their bid to collect on a treaty award against India – as they get the all-clear to pursue assets in Virginia.

05 January 2022

Court finds Kazakhstan bound by Soviet treaty

A UK court has ruled that a US$917 million arbitration against Kazakhstan can proceed after all, finding that an eminent UNCITRAL tribunal was distracted by “irrelevant material” when it found the state was not bound by an investment treaty signed by the former Soviet Union.

04 January 2022

LCIA panel upholds Russian bank fraud claim

An LCIA tribunal has reportedly upheld fraud claims by two bailed-out banks against companies linked to the family of a Russian property tycoon but is still to rule on a claim for US$475 million in losses.

17 December 2021

Spain faces new enforcement actions

Investors have launched two new US court actions against Spain to enforce Energy Charter Treaty awards compensating them for reforms to the country’s renewable energy regime.

17 December 2021

What the Dutch Supreme Court decided in the Yukos case

Stan Putter of Smallegange Lawyers explains why the recent Dutch Supreme Court judgment on the US$50 billion Yukos awards against Russia didn’t bring the closure the parties were expecting and leaves the status of the awards “ambiguous”.

17 December 2021

German fruit juice dispute leads to French asset freeze

CORRECTED: A German businessman has attached assets of a European fruit juice group as part of his efforts to enforce a €60 million award rendered in Russia.

15 December 2021

Privy Council rejects appeal over “hybrid” clause

The UK Privy Council has upheld an award issued by Bird & Bird partner Jalal El Ahdab at a Mauritian arbitral institution, rejecting arguments the case should have been heard under ICC rules pursuant to a “hybrid” arbitration clause.

15 December 2021

Russian and Italian banks win round of oil services dispute

An English court has upheld a US$43 million LCIA award in favour of Russia’s Gazprombank and its Italian partner in an oil services venture while refusing to disqualify the arbitrators from related arbitrations.

14 December 2021

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