Topic: Res judicata and issue estoppel

Bangladeshi state agency liable at ICSID

Retired UK Supreme Court judge Lord Mance has issued an ICSID award requiring a Bangladeshi state agency to pay damages in a contract dispute over electricity pricing – after ruling he was bound by an earlier ICC award between the same parties.

14 April 2021

Malaysian travel agency fails to reverse res judicata finding

The Singapore Court of Appeal has upheld a SIAC award against a Malaysian online travel agency in a US$35 million dispute with its former owners, ruling that the tribunal’s finding on res judicata was not a question of jurisdiction that could be examined afresh.

04 December 2020

Eni barred from “collateral attack” on LNG award

The Delaware Supreme Court has barred an affiliate of Eni from pursuing a second arbitration against the operator of an LNG terminal in Mississippi on the basis that all its claims were a “collateral attack” on a prior ICDR award worth US$371 million.

18 November 2020

Corruption defence fails in Singapore

The Singapore High Court has enforced an ad hoc award in favour of one of the world’s largest energy traders despite a third party’s admission that the contract was procured corruptly.

06 November 2020

Pharma fraud award upheld but minors spared liability

The Singapore High Court has upheld a US$530 million ICC award that held Indian brothers Malvinder and Shivinder Mohan Singh and their companies liable for fraud over the sale of a pharmaceutical business – while annulling its findings against their children.

20 February 2019

Shanghai court asked to set aside award for res judicata

Following three arbitrations spanning 10 years, a German investor in a Chinese shopping mall has applied to a Shanghai court to set aside an award of the local arbitral commission on the grounds that it contradicts an earlier award in the same dispute.

04 October 2017

Abu Dhabi fund won’t challenge Citigroup award

A United Arab Emirates sovereign wealth fund that lost a US$2 billion ICDR claim against Citigroup over alleged mismanagement during the 2008 global financial crisis says it does not intend to challenge the now public award.

22 March 2017

Swiss court rules on res judicata

14 August 2014

Issue estoppel halts enforcement in London

29 May 2014

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