Work Area: Enforcement and set-aside

NAFTA award upheld in Canada

A Canadian court has rejected Mexico’s challenge to a partial award that upheld jurisdiction over a US$450 million NAFTA claim by a group of US investors in the country’s gaming industry.

31 July 2020

Hilton can quiz partner over assets in Maldives

The Singapore Court of Appeal has ruled that US hotel group Hilton can gather information about assets in the Maldives held by its former business partner to help execute a pair of ICC awards – even though the Maldivian courts have so far denied enforcement.

27 July 2020

Spain and France not immune from oil spill suits

The Commercial Court in London has ruled that Spain and France cannot invoke sovereign immunity to avoid litigation brought by an insurance club over the two states’ alleged failure to honour arbitral awards relating to an oil spill in the Atlantic 18 years ago.

24 July 2020

Three takes on the same corruption allegations

Stéphane Bonifassi and Elena Fedorova of Bonifassi Avocats in Paris argue that the Swiss, French and UK courts’ different treatment of an ICC award against Alstom highlights the need for more uniformity in the approach to corruption allegations in international arbitration.

23 July 2020

Shell faces challenge to Malaysian oil platform award

A Malaysian state-owned shipping company has applied to set aside an award worth over US$340 million won by a Shell subsidiary at the Asian International Arbitration Centre in a dispute over one of the country’s largest offshore oil fields.

22 July 2020

Clifford Chance partner criticised in Deripaska feud

The Commercial Court in London has criticised Clifford Chance international arbitration partner Marie Berard for “lack of objectivity” after dismissing her client’s bid to have Russian businessman Oleg Deripaska committed to prison for contempt of court.

21 July 2020

Dutch appeal court recognises award against Kazakhstan

The Amsterdam Court of Appeal has recognised a US$543 million Energy Charter Treaty award won by Moldovan investors Anatolie and Gabriel Stati against Kazakhstan – ruling the state had not established that alleged fraud had any “material effect” on the award.

21 July 2020

Puerto Rican insurer gets US$524 million award

A Puerto Rican insurance group has asked a US federal court to enforce an interim award worth US$524 million against a Bermudian reinsurer whose controlling owner was recently convicted of bribery.

20 July 2020

German investor fails to revive settlement with Libya

A French court has refused to reinstate a US$120 million consent award in an investment treaty case against Libya that was rescinded after the tribunal found that the German claimant procured the settlement fraudulently.

17 July 2020

Petrobras loses appeal in bribery dispute

A US appeals court has upheld an ICDR award that required Brazil’s Petrobras to pay over US$700 million to an offshore drilling company for terminating a contract allegedly procured through bribery.

17 July 2020

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