Work Area: Enforcement and set-aside

ICSID creditor sues New York bank over Egypt funds

A Spanish entity has brought a US court action against Egypt and the Bank of New York Mellon – seeking to void an agreement that is allegedly enabling the state to evade payment of a US$2 billion ICSID award.

03 November 2020

US court won’t enforce Iraqi oilfield award

A court in Washington, DC has refused to enforce an ICC award against an Iraqi state-owned oil company – ruling the entity was separate from the state and lacked commercial ties to the jurisdiction.

30 October 2020

US court confirms Indian satellite award

A US court has confirmed a US$562 million ICC award against Indian state-owned satellite company Antrix, rejecting suggestions that the tribunal had been improperly constituted.

29 October 2020

Indian couple fail to revive North Macedonia mining claim

A Swiss court has rejected an Indian couple’s bid to revive an investment treaty claim against North Macedonia that was dismissed after they failed to pay an advance on costs.

29 October 2020

German court hears challenge to M&A insurance award

A Frankfurt court has been hearing a challenge to an award in favour of US insurer AIG in a dispute over €270 million in losses incurred by a Japanese construction group as a result of an ill-fated acquisition.

28 October 2020

Russian vodka assets unfrozen in Yukos case

A Dutch court has lifted an attachment on two Russian vodka trademarks obtained by the former majority shareholders of Yukos as they seek to collect on their US$50 billion Energy Charter Treaty awards – ruling that the assets are held by a state-owned company and not the state itself.

27 October 2020

Enforcing against states simplified in England

Covington & Burling partner Jonathan Gimblett and associate Tom Cusworth in London welcome a recent trend in English case law that has eased the service rules for enforcing awards against sovereign states.

26 October 2020

A perilous lack of clarity - Lord Goldsmith on courts' review of jurisdiction

Although a national court's role in reviewing a tribunal's award on jurisdiction at the enforcement stage is well established, the type of review that the court is meant to undertake is "perilously" unclear and should be the subject of guidance, Lord Goldsmith argued during GAR Interactive Moscow.

21 October 2020

US judge won’t stand down in Chevron award battle

A group of Saudi and Egyptian claimants have failed to disqualify a US judge hearing their bid to enforce a US$18 billion award against Chevron over his alleged connections to the oil company and its counsel.

16 October 2020

Odebrecht bribery ruling upheld in Colombia

Colombia’s highest administrative court has upheld an award that nullified an Odebrecht consortium’s contract for a billion-dollar highway construction on grounds of corruption – a project that has also given rise to ICC claims and the threat of an investment treaty arbitration.

14 October 2020

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