Work Area: Enforcement and set-aside

Steinmetz: Brazilian miner’s anti-bribery checks were a “sham”

Israeli businessman Beny Steinmetz has accused Brazilian mining company Vale of wilfully ignoring potential corruption risks when it entered into a joint venture with his eponymous mining group a decade ago.

22 May 2020

Kazakhstan’s request for new fraud trial rebuffed in Sweden

The Swedish Supreme Court has refused to hear fresh allegations by Kazakhstan that a US$543 million Energy Charter Treaty award won by Moldovan investors Anatolie and Gabriel Stati was obtained by fraud.

21 May 2020

Enforcement of Micula award upheld in US

A US appeals court has upheld a decision to enforce the Micula brothers’ US$356 million ICSID award against Romania, affirming that the underlying agreement to arbitrate was not nullified by the country’s accession to the European Union.

20 May 2020

Indian arbitrator cleared of bias in Singapore

Singapore’s international commercial court has upheld a US$100 million ICC award relating to a five-star hotel project near Kolkata, rejecting arguments that Indian arbitrator Harish Salve SA showed bias by only belatedly disclosing a co-counsel relationship with the winning side’s law firm.

20 May 2020

Setback for Ukraine in treaty award enforcement challenge

A US court has blocked Ukraine from pleading new grounds as it opposes enforcement of a US$112 million investment treaty award in favour of Russian oil and gas producer Tatneft.

19 May 2020

Vodka assets seized in Yukos case

The former majority shareholders of Yukos have seized two vodka trademarks owned by Russia in the Netherlands as they seek to enforce the recently reinstated US$50 billion Energy Charter Treaty awards they won against the state.

18 May 2020

US Supreme Court won’t hear appeal over PDVSA asset seizure

The US Supreme Court will not hear an appeal against a ruling that allowed Canadian mining company Crystallex to seize shares in a US refinery business owned by Venezuela’s national oil and gas company PDVSA to satisfy a US$1.2 billion ICSID award.

18 May 2020

Guatemala held liable in resubmitted ICSID claim

A US energy company has reportedly won US$55 million in additional damages in a resubmitted ICSID claim against Guatemala over electricity tariffs, although a large part of the claim was dismissed.

14 May 2020

Is “public policy” back to haunt enforcement in India?

Ila Kapoor and Shruti Sabharwal of Shardul Amarchand Mangaldas & Co consider whether the Indian Supreme Court’s recent refusal to enforce a foreign award on public policy grounds has turned the clock backwards.

07 May 2020

Kyrgyzstan on the hook for roadworks award

A US court has ruled that Kyrgyzstan cannot escape enforcement of a US$25 million award rendered in favour of a Turkish roadbuilder against the country’s ministry of transport.

04 May 2020

Get unlimited access to all Global Arbitration Review content