Work Area: Enforcement and set-aside

Bottlemakers resubmit claim against Venezuela

Two bottlemaking companies that saw their billion-dollar ICSID claim against Venezuela thrown out four years ago have refiled the case – as the state fails to annul a coffee investor’s US$42 million award in a separate dispute.

28 July 2022

“Side-switching” challenge rejected on appeal

A Spanish contractor has failed in a renewed bid to overturn a US$40 million ICC award over a Peruvian refinery on the basis that two members of its counsel team joined the opposing side’s law firm while the arbitration was pending – as a separate dispute over a US$1 billion project in Algeria gets underway.

27 July 2022

Moser award set aside over “flexible approach” to damages

Singapore’s Court of Appeal has partially set aside a €62 million ICC award over a Malaysian steel plant after finding that a tribunal chaired by Michael Moser breached due process by adopting a “flexible approach” to proof of damage.

26 July 2022

Award creditor targets Haiti assets held by US airline

A fuel importer that won a US$23 million award of security against Haiti last year has sought to attach state assets held by American Airlines until the arbitration is concluded.

25 July 2022

Venezuelan state entity dodges ICSID enforcement in Singapore

Singapore’s High Court has refused to allow one of Venezuela’s ICSID creditors to enforce a US$500 million-plus award against the assets of a state-owned entity facing US sanctions.

20 July 2022

Seychelles telecoms group seeks to enforce against Guinea

A Seychelles-incorporated telecoms group has asked a US court to enforce a US$25 million ICC award against Guinea after the state failed to have it set aside on grounds of alleged corruption.

20 July 2022

Russia fails to quash jurisdictional awards in Crimea cases

UPDATED: A Dutch court has affirmed the jurisdiction of four UNCITRAL tribunals to hear Ukrainian investors’ treaty claims against Russia over assets in Crimea, including a US$10 billion claim by Naftogaz and others linked to oligarch Igor Kolomoisky.

19 July 2022

Luxembourg’s top court blocks Micula award

The Luxembourg Court of Cassation has quashed the enforcement of the Micula brothers’ ICSID award against Romania on the basis that the arbitration clause in the underlying investment treaty was nullified when the state joined the European Union.

18 July 2022

Spat over Shaq leads to ICC award

A Polish foundation has sought to enforce an ICC award over a failed plan to bring retired American basketball player Shaquille O’Neal to Warsaw to participate in events celebrating the 100th anniversary of Poland’s independence.

14 July 2022

California businessman can bring late challenge to Burford award

An English court has said a California businessman is not too late to challenge an LCIA award that requires him to pay more than US$60 million in compound interest to a subsidiary of Burford Capital for breach of a litigation funding deal.

13 July 2022

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