Work Area: Enforcement and set-aside

“Freezing and seizing”: can Russia be made to pay?

An event at Paris Arbitration Week hosted by Queritius considered the potential for investors affected by the invasion of Ukraine to bring treaty claims against Russia – and how awards might be enforced.

04 April 2022

Australia’s highest court to hear Spain’s appeal on sovereign immunity

The High Court of Australia has granted Spain special leave to appeal the recognition of a €101 million ICSID award obtained by a Luxembourgish investor affected by its renewable energy reforms.

31 March 2022

Dairy investor enforces award against Libya

A US court has enforced a €19 million treaty award against Libya over an expropriated dairy and juice factory, rejecting arguments that an ICC panel’s findings were “irrational and absurd” or that the Libyan or French courts were more suitable venues for enforcement.

30 March 2022

Spain fails to annul largest renewables award

An ICSID committee has upheld the largest award yet issued against Spain over its renewable energy reforms, rejecting arguments that the investor had “unclean hands” or that the tribunal should not have agreed to hear an intra-EU dispute.

28 March 2022

Bankers fail to revive billion dollar claim against Cyprus

The Lebanese former owners of a bank shut down by authorities in Cyprus after being linked to money laundering and financing terrorism have failed to revive a US$1.4 billion investment treaty claim against the state.

24 March 2022

French court affirms annulment based on money laundering signs

France’s Court of Cassation has refused to reinstate a US$15 million investment treaty award against Kyrgyzstan that was annulled because of indications of money laundering.

24 March 2022

Recent US law developments on sovereign immunity

Eversheds Sutherland's Will O’Brien and Ulyana Bardyn consider recent US law developments on sovereign immunity in the P&ID v Nigeria case.

24 March 2022

Korean arbitrator quits Conoco panel over counsel work

South Korean arbitrator Kap-You (Kevin) Kim has resigned from an ICSID committee hearing Venezuela’s bid to annul a US$9 billion award held by ConocoPhillips after disclosing that he is working alongside the US oil company’s counsel in an unrelated case.

23 March 2022

Austrian pharma group’s award partially enforced

A US court has partially enforced an ICC award won by an Austrian pharmaceuticals company against its Taiwanese partner after a €142 million order for damages was set aside in Germany.

22 March 2022

Malaysia challenges mega-award in French court

Malaysia has asked a French court to overturn a US$15 billion award won by heirs to a sultanate on the island of Borneo, arguing the sole arbitrator had no authority to hear the dispute after his appointment was rescinded.

18 March 2022

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