Work Area: Enforcement and set-aside

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

Spain fails to overturn solar award

Spain has failed to overturn a €101 million Energy Charter Treaty award won by solar investors that has recently become the subject of a European Commission state aid probe – as another investor whose award was annulled due to an arbitrator conflict files a resubmitted claim.

03 August 2021

Mauritian Supreme Court upholds ICC award

The Supreme Court of Mauritius has issued an important judgment on the New York Convention, upholding the enforcement of an ICC award of more than US$1.5 billion won by ArcelorMittal despite arguments by Essar Steel that it was denied a fair opportunity to be heard.

03 August 2021

Peruvian contractor defends lawyers accused of “switching sides”

A Peruvian contractor has hit back at allegations that its victory in an ICC dispute over a refinery project was tainted by two lawyers’ move to a different law firm, calling it “nothing more than an eleventh hour tantrum”.

03 August 2021

Egypt’s top court overturns port project award

Egypt’s Court of Cassation has set aside a US$490 million ICC award against an Egyptian state authority over its termination of a contract to build a container terminal facility, a decision it is said could have broad implications for disputes arising from similar agreements.

02 August 2021

Ecuador in “full default” as stay on Perenco award is lifted

Bahamian oil company Perenco says Ecuador has defaulted on an undertaking to pay a US$391 million ICSID award, as a US court lifts a stay on its enforcement.

29 July 2021

Zimbabwe faces US enforcement bid

A Swiss-German family have applied to a US court to enforce an ICSID award against Zimbabwe now worth more than US$274 million, which compensated them for land expropriations carried out by the government of former president Robert Mugabe.

27 July 2021

Latvian banker seeks to revive Kyrgyz award

A Latvian businessman is seeking to overturn a landmark French court ruling on corruption and reinstate his investment treaty award against Kyrgyzstan, GAR has learned.

22 July 2021

UK Supreme Court imposes strict service requirements for enforcing against states

Jonathan Gimblett and Tom Cusworth of Covington & Burling consider a recent UK Supreme Court ruling that service of enforcement proceedings on a foreign state through diplomatic channels cannot be dispensed with – arguing it has strengthened the hand of debtor states.

22 July 2021

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