Region: North America

Chilean hydro project owner overturns US injunction

A New York state court has vacated an injunction that prevented the owner of a Chilean hydropower project from drawing on a US$90 million letter of credit pending an ICC arbitration with Austrian construction group Strabag.

24 November 2023

Enforcement of intra-EU awards in the UK and US

An event organised by the European Federation for Investment Law and Arbitration's "Young EFILA" network and Herbert Smith Freehills discussed the future of the enforcement of intra-EU investment arbitration awards in the UK and the US. Jefferi Hamzah Sendut of HSF in London reports.

24 November 2023

Exxon asks DC court to enforce Venezuela award

ExxonMobil has applied to a court in Washington, DC, to enforce an ICSID award worth over US$985 million plus interest and costs against Venezuela in a 16-year saga over the expropriation of two oil projects.

23 November 2023

Oxy asks US Supreme Court to rule on evident partiality

Occidental Petroleum has asked the US Supreme Court for leave to appeal the recognition of a US$560 million award based on an arbitrator’s failure to disclose an alleged relationship with a member of the other side’s counsel team.

16 November 2023

“Disclose, disclose, disclose”? Arbitrator duties discussed in Toronto

An event during Canadian Arbitration Week in Toronto discussed appropriate disclosure for arbitrators when accepting appointments, including recent case law from the UK, France and US that seeks to clarify applicable standards. Timothy Hughes, independent counsel and arbitrator based in Calgary, reports.

16 November 2023

Louisiana court won’t enforce DIFC-LCIA clause

A US court has refused to enforce a DIFC-LCIA arbitration agreement, ruling that it could not compel a subsidiary of Baker Hughes to submit a dispute to the Dubai International Arbitration Centre as it is “not the same forum”.

13 November 2023

Kellogg spin-off brings claim against Venezuela

A spin-off of US food manufacturer Kellogg has brought a treaty claim against Venezuela over the alleged expropriation of its factory and unauthorised use of its trademarks in the state.

10 November 2023

Canadian miner secures funding for treaty claim against Colombia

A Canadian mining company says it has secured funding for its investment treaty claim against Colombia – which it said risked being discontinued over a failure to pay costs.

10 November 2023

Japanese gaming tycoon too late to resist success fee award

A Japanese billionaire is too late to oppose the enforcement of an award requiring him to pay US$55 million to a US law firm for work under a contingency fee arrangement, a judge in Hong Kong has found.

10 November 2023

Another Crimea award surfaces in US court

A Ukrainian electricity company has wasted no time in applying to enforce an investment treaty award that found Russia liable for expropriating its assets in Crimea – putting the award in the public domain.

08 November 2023

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