Topic: Non-signatories

Freezing injunctions against non-signatories in the BVI

Peter Ferrer of Harneys considers a recent British Virgin Islands freezing injunction granted in aid of a foreign arbitration against non-signatories and how it departs from English principles.

25 February 2022

Paris court upholds award against non-signatory

A Paris court has upheld a US$74 million ICC award against two affiliates of Kuwaiti transport and logistics group KGL despite arguments that one of them was not a signatory to the contract.

28 January 2022

Fight over spoils of Vietnam claim to be arbitrated

A US court has ruled that a lawsuit brought against King & Spalding by a former client over the division of the proceeds of a US$45 million investment treaty award against Vietnam should go to arbitration.

13 January 2022

UK Supreme Court rules again on governing law

The UK Supreme Court has refused to enforce an ICC award against a Kuwaiti food company after ruling that English law governed the arbitration agreement despite the choice of Paris as the arbitral seat – saying the risk of contradicting the French courts could not be avoided.

27 October 2021

Brazilian airline’s award debtor seeks bankruptcy protection

A group of distressed investment funds have sought bankruptcy protection in New York to prevent a Brazilian airline from enforcing a decade-old ICC award worth US$60 million against their assets.

09 July 2021

Swiss trader dragged into fight over Congo oil field

A UK energy company pursuing an ICSID claim against the Republic of the Congo over an oil field has filed a related ICC case worth US$200 million against a Swiss commodities trader.

07 July 2021

Costa Rican court enforces against non-signatory

The Supreme Court of Costa Rica has confirmed a US$23 million ICC award against one of the country’s largest construction groups – despite the fact it had not signed the underlying arbitration agreement.

22 March 2021

Australian almond milk dispute to be heard in California

The Federal Court of Australia has ruled that litigation between an Australian food and beverage group and a US farmers’ cooperative over the licensing of almond milk products should be stayed in favour of an ICDR arbitration in California.

17 March 2021

Lebanese broadcaster’s award upheld in Paris

The Paris Court of Appeal has upheld an ICC award requiring a Saudi prince’s media group to pay US$22 million to a Lebanese television station.

16 March 2021

Wrong respondent derails Belt and Road award

A Hong Kong court has set aside a Swedish arbitrator’s US$18 million HKIAC award against a Chinese pipeline company relating to the Belt and Road initiative after concluding that the wrong entity was named as respondent.

09 March 2021

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