Topic: Public policy

Lesotho court voids arbitration clause in public contract

A German company that won a €50 million award against Lesotho over a stalled solar project has vowed to resume enforcement efforts despite a ruling by the kingdom’s courts declaring the underlying contract and its arbitration clause invalid.

14 November 2022

Ukraine pushes for war claims commission

Ukraine is petitioning the United Nations to create a commission to resolve claims against Russia for financial damages arising out of the war – amid speculation that some US$300 billion in frozen Russian central bank assets could be targeted for enforcement.

10 October 2022

German court allows enforcement against Libya

A German court has ruled that an Austrian construction company can partially enforce an €84 million investment treaty award against Libya, rejecting arguments it violated public order.

16 August 2022

Volterra Fietta can't collect fees under unlawful retainer

The High Court in London has affirmed that Volterra Fietta is not entitled to any of the nearly US$3 million it billed a client in an investment treaty arbitration under a conditional fee agreement that was found to be unlawful.

02 August 2022

Korean executive evades share buyback in latest ICC claim

UPDATED: A Singaporean private equity firm has persuaded an ICC tribunal that it may force the chairman of one of South Korea’s largest insurance providers to purchase US$340 million in shares – while failing to secure an order for the sale as the correct valuation had not been put forward.

14 June 2022

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

Unlock unlimited access to all Global Arbitration Review content