Work Area: Enforcement and set-aside

Dual nationals lose appeal over DR-CAFTA award

A US appeals court has affirmed that two US-Dominican investors were out of time in serving set-aside proceedings on the Dominican Republic in their bid to revive a nearly US$42 million DR-CAFTA claim.

27 October 2021

ECJ prohibits ad hoc ISDS agreement

The European Court of Justice has ruled that EU member states are prohibited from entering into ad hoc arbitration agreements identical to those in intra-EU BITs – suggesting that contract-based investor-state dispute settlement is unlikely to escape the impact of Achmea.

26 October 2021

English court bars beIN piracy claim

Qatari media group beIN has been barred from raising piracy allegations against a Saudi broadcaster as a counterclaim in UK proceedings to enforce a DIFC-LCIA award.

25 October 2021

Hitachi awaits award in Stockholm metro dispute

Stockholm’s public transport authority is challenging a liability award in favour of a subsidiary of Japan’s Hitachi as a final award is awaited in their US$235 million dispute over a signalling system for the city’s metro.

22 October 2021

Kazakh road authority sees off challenge to SIAC award

A Turkish contractor has lost its challenge to a nearly US$18 million SIAC award in favour of Kazakhstan’s road authority, with a Paris court ruling that complaints over procedural unfairness should have been raised in the arbitration.

19 October 2021

Haiti fails to stay claim as central bank assets unfrozen

A New York state court has refused to grant Haiti a stay of a US$94 million ad hoc arbitration brought by a US-owned petroleum supplier, after a federal court lifted an attachment on assets owned by the Caribbean state’s central bank.

18 October 2021

Peruvian refinery award survives “side-switching” challenge

A Miami court has confirmed a US$40 million ICC award relating to the upgrade of a Peruvian refinery, rejecting a Spanish contractor’s arguments that the proceedings were tainted because two members of its counsel team joined the opposing side’s law firm while the case was pending.

15 October 2021

Another set-aside bid fails in Manila casino saga

The Singapore Court of Appeal has upheld a US$296 million award that requires a Manila gaming resort owner to facilitate a share sale if it fails to pay damages – affirming the tribunal’s power to fashion a “pragmatic” remedy.

14 October 2021

French bribery ruling overturned in Alstom case

France’s Court of Cassation has found that a lower court erred when it blocked enforcement of an ICC award against Alstom because of alleged evidence of bribery.

13 October 2021

Pre-enforcement relief denied in Indian airline dispute

The Delhi High Court has refused to grant interim relief ahead of the enforcement of an LCIA award in a dispute between the founders of India’s largest airline – shedding light on the outcome of the arbitration.

13 October 2021

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