Work Area: Enforcement and set-aside

Privy Council upholds Cayman enforcement decision

The UK Privy Council has upheld the enforcement of a Brazilian airline’s US$55 million ICC award in the Cayman Islands even though the arbitrators decided the case on the basis of a legal concept not pleaded by the parties.

19 May 2022

The Belokon ruling: reflections on the French approach to public policy

Flore Poloni, Thibaud Roujou de Boubée and Kimberley Bazelais of Signature Litigation in Paris explain why the French Court of Cassation’s recent decision to affirm the annulment of an investment treaty award because of signs of money laundering is less than satisfactory.

19 May 2022

Iranian gas award surfaces in US court

The UAE’s Crescent Petroleum has asked a US court to enforce a US$2.4 billion award against Iran’s national oil company, shedding light on a fraught 13-year arbitration that saw three arbitrators resign and a tribunal chair disqualified.

17 May 2022

India withdraws from airline payments system

India’s airports authority has withdrawn from an international system for collecting airline fees after its funds were frozen by telecoms investors seeking to enforce investment treaty awards.

16 May 2022

Legal finance and success fees in arbitration

As Hong Kong’s legislature considers a bill to allow success fees in arbitration, Kathryn Sanger and Briana Young of Herbert Smith Freehills and Emily Tillett of Burford Capital consider how such fee structures may intersect with the legal finance industry.

13 May 2022

GE pays out after losing corruption challenge in legacy case

A General Electric subsidiary has paid an ICC award over a Lithuanian power plant project after Sweden's Supreme Court refused to hear its final appeal that the contract was tainted by corruption – a case practitioners say shows the Swedish courts are taking a “UK approach” to such allegations.

05 May 2022

GE enforces interim measures in Algerian power plant dispute

General Electric has persuaded a New York state court to enforce interim measures granted by an ICC tribunal against an Algerian state-owned entity in a dispute over a US$234 million power plant project.

28 April 2022

Malaysian challenge fails in Indian oil block dispute

A Malaysian court has upheld an ad hoc award in a dispute between former partners in an offshore Indian petroleum block that was shut down more than a decade ago.

28 April 2022

Anti-enforcement injunction denied in fight over ship explosion

A UK court has refused to enjoin a German shipowner from enforcing a US$200 million arbitration award relating to a lethal explosion on a container vessel a decade ago while the ship’s charterer pursues litigation to limit its liability for the accident.

25 April 2022

Sinopec defeats US enforcement bid

A US court has refused to enforce a US$21 million CIETAC award against a subsidiary of Chinese state-owned oil and gas company Sinopec.

25 April 2022

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