Work Area: Enforcement and set-aside

Geothermal investor seeks to reignite Kenya claim

A US-Canadian energy company has applied to annul an ICSID award that dismissed its US$340 million claim against Kenya over the revocation of a licence for a geothermal energy project.

16 November 2020

Pakistan in talks with Tethyan as stay on award lifted

Pakistan is reportedly in talks with Australian mining venture Tethyan Copper to settle a dispute over a copper and gold deposit that led to a US$5.9 billion ICSID award against the state, as an annulment committee partially lifts a stay of enforcement.

13 November 2020

Benin fails in corruption challenge to airport award

A French court has refused to set aside a US$95 million ICC award won by a US airport security company against Benin, rejecting the state’s allegations that the underlying contract was procured through corruption.

12 November 2020

Nigeria improperly used discovery for set aside bid, US court says

A US court has reversed its decision to compel discovery from a London-based hedge fund, finding Nigeria had misled the court by using evidence obtained in similar proceedings for a bid to set aside a US$10 billion award.

11 November 2020

Ramsey “wrong” in Hong Kong rail case

A Hong Kong court has affirmed that the UK's Sir Vivian Ramsey QC erred in law in a dispute over an express rail link between Hong Kong and mainland China.

09 November 2020

Kazakhstan hunts claimant's assets after Soviet treaty win

After defeating a US$917 million claim under a Soviet investment treaty and winning costs, Kazakhstan has applied for discovery from various US banks to track down the claimant's assets and sources of funding.

06 November 2020

Swedish court rebuffs Spain again over ECJ referral

Spain has once again failed to persuade a Swedish court to refer questions about the Energy Charter Treaty to the European Court of Justice before deciding whether to set aside an award in favour of renewables investors.

06 November 2020

Corruption defence fails in Singapore

The Singapore High Court has enforced an ad hoc award in favour of one of the world’s largest energy traders despite a third party’s admission that the contract was procured corruptly.

06 November 2020

ICSID panel sets conditions for lifting stay of Conoco award

An ICSID annulment committee has agreed to lift a stay of enforcement on ConocoPhillips’ US$9 billion award against Venezuela subject to conditions – while again refusing to exclude lawyers instructed by the country’s opposition leader Juan Guaidó.

04 November 2020

Japanese investor lodges solar claim against Spain

Japanese conglomerate Mitsui & Co has filed a new ICSID claim against Spain over a €260 million solar power project – alleging that the state's new renewables incentives regime is a breach of the Energy Charter Treaty.

04 November 2020

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