Work Area: Enforcement and set-aside

German court blocks intra-EU claim against Croatia

UPDATED: A German court has ruled that a claim brought by two banks against Croatia under an intra-EU bilateral investment treaty is inadmissible in light of the European Court of Justice’s ruling in Achmea.

16 February 2021

Statis suffer setback in Luxembourg

The Supreme Court of Luxembourg has overturned the enforcement of a US$543 million Energy Charter Treaty award won by Moldovan investors Anatolie and Gabriel Stati against Kazakhstan, ruling that a lower court had violated due process when it refused to admit evidence of the state's fresh fraud allegations.

16 February 2021

Cairn opens new front in Indian tax dispute

The UK’s Cairn Energy has applied to a US court to enforce a US$1.3 billion investment treaty award against India over the country’s pursuit of a retroactive tax bill.

15 February 2021

Dual nationals fail to revive Venezuela claim

A Dutch court has refused to allow a family of food investors to revive a US$240 million treaty claim against Venezuela that was rejected based on their dual nationality.

12 February 2021

Dutch court unfreezes Albanian oil revenues

A Dutch court has largely lifted attachments on Albanian government oil revenues previously granted to Italian investors seeking to enforce a €110 million ICSID award.

10 February 2021

Laos seeks to block “abusive” second claim

Laos has asked a Malaysian court for an injunction to prevent a Thai coal-mining company from pursuing a second UNCITRAL arbitration worth more than US$450 million over a power plant project, arguing the case is abusive.

10 February 2021

Silicon plant owner wins partial set-aside in Singapore

A Singapore court has ruled that the owner of a polysilicon plant was denied a fair chance to respond to a “completely new defence” to an ICC claim for delay damages, which led to a US$15 million reduction in the amount it was awarded.

09 February 2021

Mexico can't appeal Canadian judge's NAFTA ruling

A Canadian court has said Mexico cannot appeal a judge’s decision to uphold a jurisdictional award in favour of a group of US casino investors pursuing a US$450 million NAFTA claim.

08 February 2021

Convicted arbitrators’ award blocked in France

A French court has refused to enforce a US$26 million award against a prominent Qatari businessman that resulted in criminal convictions for the arbitrators – finding that their decision to move the arbitral seat and transform the case into an ad hoc proceeding was in breach of due process.

05 February 2021

Petrobras asks US Supreme Court to review bribery dispute

Brazil’s national oil and gas company Petrobras has asked the US Supreme Court to halt the enforcement of an ICDR award that required it to pay US$700 million to an offshore drilling company for terminating a contract allegedly procured through bribery.

03 February 2021

Get unlimited access to all Global Arbitration Review content