Work Area: Enforcement and set-aside

Amazon enforces SIAC emergency order in India

The Delhi High Court has provisionally enforced a SIAC emergency arbitrator’s order restraining Amazon’s Indian business partner from proceeding with a US$3.4 billion asset sale.

02 February 2021

French investor sees Venezuela award confirmed in US

A court in Washington, DC has recognised a US$44 million ICSID award won by a French plastics company against Venezuela – rejecting the state’s arguments that proper service had not been carried out.

02 February 2021

Australian court rules on recognition of ICSID awards

The Federal Court of Australia has affirmed that Spain is not entitled to rely on sovereign immunity as a defence to recognition of a €101 million ICSID award – while holding that a first-instance judge took the wrong approach in the form of recognition he granted.

01 February 2021

India’s arbitration rollercoaster in 2020

Nicholas Lingard and Rohit Bhat of Freshfields Bruckhaus Deringer in Singapore consider key developments in Indian arbitration in 2020.

29 January 2021

Dos Santos telecoms award upheld in Paris

A Paris court has upheld a US$646 million award against a company owned by embattled Angolan billionaire Isabel dos Santos – ruling that the ICC was right to appoint the five-member tribunal that heard the case and dismissing allegations of bias against two arbitrators.

27 January 2021

Russian bank loses Ukrainian appeal over emergency award

Ukraine’s Supreme Court has affirmed that an SCC emergency arbitrator award restraining the forcible sale of assets of a Russian state-owned bank cannot be enforced.

27 January 2021

Annulled Cairo award gets all-clear in France

UPDATED: France’s highest court has upheld the enforcement of an award against an Egyptian state entity that was annulled more than a decade ago by the courts of Cairo, affirming that arguments as to the domestic or international character of the arbitration were irrelevant.

26 January 2021

Singapore witness-gating award can’t be sent back

The Singapore Court of Appeal has refused to reinstate the award of a sole arbitrator who engaged in witness-gating, while ruling that it lacks the power to remit where such a remedy was not requested at first instance.

25 January 2021

Italy challenges solar award

The Italian government has applied to annul an ICSID award requiring it to pay over €18 million to a German solar investor in compensation for changes to the incentives regime for renewable energy.

22 January 2021

Agent can’t revive ICC claim after “kickbacks”

A Swiss court has upheld an ICC award that blocked a Panamanian company from recovering agency commissions from a client after it emerged the agent’s founder had paid “kickbacks” to one of the client’s employees.

21 January 2021

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