Region: North America

ICC to hear Canadian pipeline row

An Italian contractor is pursuing a billion-dollar ICC claim against a company operated by Canada’s TC Energy over a project to build a natural gas pipeline that was delayed by covid-19 and violent protests from indigenous communities.

14 December 2023

US appeals court enforces ICSID award against Venezuela

A US appeals court has upheld the enforcement of two tortilla flour producers’ US$626 million award against Venezuela, finding that it could not second guess an ICSID annulment committee’s refusal to recognise counsel designated by the country’s government-in-exile.

14 December 2023

Canadian energy company files third claim in Tunisian oil dispute

A Canadian energy company has lodged an US$85 million ICC arbitration against Tunisia over an oil concession – the third claim it has filed this year over its investments in the north African state.

07 December 2023

Botox battle lands in Texas court

A French biopharma group has asked a US court to enforce an ICC award that restrains its Swiss partner Galderma from independently obtaining regulatory approval for a novel Botox treatment.

05 December 2023

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

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