Work Area: Enforcement and set-aside

Pakistani province’s corruption challenge blocked in London

An English court has blocked the Pakistani province of Balochistan from pleading corruption allegations in a challenge to an ICC partial award won by an Australian mining venture – a dispute that has already given rise to a US$5.9 billion ICSID award.

06 July 2021

Dual national fails to revive Mauritius claim

A Belgian court has ruled that an UNCITRAL tribunal was right to decline jurisdiction over a French-Mauritian businessman’s US$1 billion treaty claim against Mauritius based on his dual nationality.

05 July 2021

Advocate general urges CJEU to rule against Miculas

An adviser to the Court of Justice of the European Union (CJEU) has sided with the European Commission in its battle to prevent Romania from paying a €178 million ICSID award in favour of the Micula brothers.

05 July 2021

Brussels court says tribunal secretaries can draft awards

UPDATED WITH TRIBUNAL: A Belgian court has refused to set aside an ICC award in favour of the European Commission on the basis of allegations that it was partly drafted by a tribunal secretary, ruling there was nothing wrong with the practice so long as their work is reviewed by an arbitrator.

30 June 2021

Kuwaiti investor revives billion dollar award against Libya

A Kuwaiti construction company has persuaded Egypt’s Court of Cassation to reinstate a controversial US$1 billion award against Libya relating to a tourism resort that was never built.

29 June 2021

UK Supreme Court clarifies rules of service on foreign states

The UK Supreme Court has held that enforcement proceedings against foreign states must be served via diplomatic channels, overturning a ruling that said civil unrest and political instability in Libya meant formal service could be dispensed with.

28 June 2021

German arbitrator can be sued in France for non-disclosure

A German arbitrator whose failure to disclose a conflict of interests led to the annulment of an ICC award can be sued in France, the Paris Court of Appeal has ruled.

24 June 2021

Assignee can’t enforce Moldovan gas award

A US appeals court has refused to allow the assignee of an arbitral debt worth more than US$32 million to renew a default enforcement judgment against Moldova issued over 20 years ago.

23 June 2021

Pharma investor’s award against Ecuador upheld

A Dutch court has upheld a US pharmaceuticals company’s €44 million investment treaty award against Ecuador, dismissing arguments that the arbitrators took on the role of a final appeal court when they held the state liable for a denial of justice.

22 June 2021

“Non-existent” company’s award blocked in Singapore

A Singapore court has blocked a Norwegian company from enforcing an award because it was rendered in favour of a separate legal entity that had ceased to exist before the arbitration even started.

16 June 2021

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