Work Area: Enforcement and set-aside

Contempt case against Deripaska revived on appeal

The Court of Appeal in London has ruled that former Russian deputy finance minister Vladimir Chernukhin can proceed with his bid to have Oleg Deripaska committed to prison for contempt of court – also finding that a judge’s criticism of Clifford Chance arbitration partner Marie Berard “may not have been fair”.

30 November 2021

Kantor award upheld in BP tax dispute

A US court has upheld the award of an ICDR tribunal chaired by Mark Kantor which found BP did not have to pay US$56 million to compensate three drilling contractors for changes to US tax law.

24 November 2021

Egypt fails to overturn Finnish investor’s award

A Finnish businessman has seen his US$121 million investment treaty award against Egypt upheld in the Dutch courts, at the same time failing to revive an attachment over a state-owned property in The Hague.

23 November 2021

Australian miner buries Singapore set aside bid

An Australian mining company says it has defeated a bid by its joint venture partner to set aside a SIAC award over their US$463 million copper and gold project in the Philippines.

22 November 2021

Panama Canal arbitrators cleared of bias

A US court has upheld an ICC award worth over US$270 million in favour of the Panama Canal Authority, rejecting a construction consortium’s allegations that the arbitrators showed bias by failing to disclose their “cross-appointments” in other cases.

19 November 2021

Baker Hughes sees award upheld in Nigerian LNG plant dispute

A Luxembourg company has failed to revive a US$763 million ICDR claim against US oilfield services group Baker Hughes over a liquefied natural gas project in Nigeria.

19 November 2021

Oxy loses challenge over Ecuador payout

A US court has confirmed an award requiring Occidental Petroleum to pay more than US$500 million to its Chinese-owned former partner in an oil block in Ecuador, rejecting arguments that an arbitrator’s failure to disclose a professional relationship with a member of the award creditor’s counsel team amounted to a “fraud”.

18 November 2021

Belgian court finds Stati award obtained by fraud

A Belgian court has ruled that a US$545 million Energy Charter Treaty award against Kazakhstan cannot be enforced, finding that Moldovan creditors Anatolie and Gabriel Stati obtained it through fraud.

17 November 2021

Westworld-style theme park developer wins JAMS award

A US developer of “virtual reality” theme parks has applied to enforce a JAMS award requiring its UK partner to pay US$45 million in capital contributions towards a joint venture – months after a related fraud suit was discontinued.

15 November 2021

Set-aside affirmed after ICC panel upholds “eleventh hour” defence

The Singapore Court of Appeal has affirmed a decision to partially set aside an ICC award over a polysilicon plant because the tribunal upheld a “completely new” defence that was only introduced in closing submissions.

12 November 2021

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