Work Area: Enforcement and set-aside

Chinese court upholds “SIAC in Shanghai” clause

A Shanghai court has upheld the validity of a clause providing for SIAC arbitration “in Shanghai” – confirming that foreign arbitral institutions are not prohibited from conducting arbitrations on the mainland.

14 September 2020

Atlanta panel throws out claim over aircraft tech

An Atlanta-seated tribunal has dismissed a US$93 million claim brought against a jet aircraft maker by a family-owned developer of laser-based air data systems.

10 September 2020

Nigeria can plead fraud case against mega-award

The Commercial Court in London has ruled that Nigeria can pursue a late challenge to a US$10 billion award over a failed gas project, ruling there is a “strong prima facie case” that it was tainted by corruption, perjury and dishonest conduct.

04 September 2020

Iranian family obtains freeze on South Korean assets

An Iranian family has attached shares in a UK subsidiary of South Korea’s national oil and gas company as they seek to enforce a US$63 million investment treaty award – while threatening a new treaty claim over measures taken against them by the Korean courts.

03 September 2020

Latvian heating award lands in US court

A Lithuanian energy company has applied to a US court to enforce an ICSID award against Latvia arising from the nationalisation of a municipal heating system.

01 September 2020

Dow seeks to enforce award over chlorine facility

Michigan-based Dow Chemical has applied to a New York district court to confirm an ICC award relating to a chlorine production facility in Louisiana.

28 August 2020

Swiss award enforced after Tajik bank’s no-show

A US court has enforced a Swiss Chambers award worth US$24.6 million against a Tajik state-owned bank, as a related ICSID claim remains paused.

27 August 2020

UK crime agency won’t be joined to fight over 1MDB-linked funds

The High Court in London has dismissed an attempt to join the UK’s National Crime Agency (NCA) to litigation over the proceeds of an arbitral award that Malaysian authorities have linked to the 1MDB corruption scandal.

26 August 2020

Joint bank accounts can be garnished in Singapore

The Singapore High Court has ruled for the first time that a joint bank account can be garnished where there is a strong prima facie basis to conclude that all the money in the account belongs to the debtor.

26 August 2020

US court enforces treaty award against Ukraine

A US court has confirmed a US$112 million investment treaty award in favour of Russian oil and gas producer Tatneft against Ukraine, dismissing arguments that the late arbitrator Francisco Orrego Vicuña showed bias by failing to disclose an appointment by the claimant’s counsel in a separate case.

25 August 2020

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