Work Area: Enforcement and set-aside

French Council of State upholds Engie award

France’s supreme administrative court has upheld a €33 million ICC award in favour of a subsidiary of French utility Engie in a long-running dispute over the construction of an LNG terminal – affirming that the dismissal of a set-aside application is equivalent to an enforcement order.

24 August 2021

ArcelorMittal targets Essar “alter ego” over billion-dollar award

Luxembourg-based steelmaker ArcelorMittal has filed a new suit in a New York federal court to unwind allegedly fraudulent transfers made by Indian conglomerate Essar to avoid enforcement of a US$1.4 billion ICC award.

20 August 2021

Covid plea fails to blunt razor award

A Swiss court has upheld an LCIA award against the majority shareholder of an Indian razor manufacturer, rejecting arguments that the arbitrators should have postponed a hearing in light of the covid-19 pandemic.

20 August 2021

Finnish investor launches second claim against Egypt

A Finnish businessman has made good on his threat to file a US$500 million investment treaty claim against Egypt over alleged expropriatory behaviour committed by the state after it lost a prior treaty arbitration.

17 August 2021

Hong Kong court enforces against Chinese state entity

A Hong Kong court has enforced a Lebanese steel trader’s LCIA award against a Chinese state-owned entity that was found to have used “guerrilla tactics” in the arbitration after its parent company went bankrupt.

17 August 2021

Mega-award against Chevron blocked again in US

The heirs of a Saudi official have once again failed to enforce an US$18 billion award against Chevron in the United States, as their counsel face the prospect of court sanctions for allegedly relying on a “fabricated” news article.

17 August 2021

Insurer seeks to enforce against Ghana university

Insurance company Chubb has asked a US court to enforce a US$165 million ruling against the University of Ghana in a dispute arising from a failed campus expansion project – as the parties clash over whether the decision is an arbitration award.

09 August 2021

Amazon can enforce emergency award in India

India’s highest court has ruled the country does recognise emergency arbitration awards, upholding enforcement of one secured by Amazon in a SIAC dispute stalling its local business partner from completing of a US$3.4 billion asset sale.

06 August 2021

Statis threaten fresh claim against Kazakhstan

UPDATED: Moldovan investors Anatolie and Gabriel Stati have threatened Kazakhstan with a fresh Energy Charter Treaty claim over its refusal to pay an earlier US$545 million award, which the state alleges was obtained through fraud.

05 August 2021

Brazilian court stays pulp award over potential arbitrator conflict

A Brazilian appeal court has partially stayed an award on liability issued in a multibillion-dollar ICC dispute over the sale of a pulp maker, holding there is enough evidence that arbitrator Anderson Schreiber is conflicted to warrant pausing the transaction while a set aside bid is heard.

04 August 2021

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