Topic: Public policy

Privy Council upholds Cayman enforcement decision

The UK Privy Council has upheld the enforcement of a Brazilian airline’s US$55 million ICC award in the Cayman Islands even though the arbitrators decided the case on the basis of a legal concept not pleaded by the parties.

19 May 2022

The Belokon ruling: reflections on the French approach to public policy

Flore Poloni, Thibaud Roujou de Boubée and Kimberley Bazelais of Signature Litigation in Paris explain why the French Court of Cassation’s recent decision to affirm the annulment of an investment treaty award because of signs of money laundering is less than satisfactory.

19 May 2022

Edison loses award challenge in environmental dispute

A Swiss court has upheld an ICC award requiring Italian power utility Edison to pay over €91 million to Belgian chemicals producer Solvay for breaches of environmental guarantees relating to the sale of two industrial plants two decades ago.

16 February 2022

Enforcing emergency awards in Ukraine: near miss or impossibility?

Oleksandr Kushch of Aequo in Kiev considers the barriers to enforcing emergency arbitration awards in Ukraine following a recent ruling in an investment treaty dispute.

02 February 2022

Oligarch fails to revive treaty claim against Russia

Former banker Sergei Pugachev has failed to persuade a Spanish court to revive his US$14.5 billion investment treaty claim against Russia.

10 January 2022

A new approach to the public policy defence in Ukraine

Olexander Droug, Tatyana Slipachuk and Alina Danyleiko of Sayenko Kharenko in Kyiv say a recent pair of judgments show a volte-face by the Ukrainian Supreme Court in its approach to public policy as a defence to enforcement of arbitral awards.

06 January 2022

French bribery ruling overturned in Alstom case

France’s Court of Cassation has found that a lower court erred when it blocked enforcement of an ICC award against Alstom because of alleged evidence of bribery.

13 October 2021

Yemen award upheld despite terrorism claims

A French court has upheld a US$30 million ICC award in favour of Yemen despite arguments the proceeds could be used to fund terrorist groups including Al-Qaeda and thereby violate human rights and international sanctions.

07 October 2021

French Council of State upholds Engie award

France’s supreme administrative court has upheld a €33 million ICC award in favour of a subsidiary of French utility Engie in a long-running dispute over the construction of an LNG terminal – affirming that the dismissal of a set-aside application is equivalent to an enforcement order.

24 August 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

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