Topic: Public policy

Crypto award blocked in UK on public policy grounds

An English court has taken the “rare” step of refusing to enforce a foreign award on public policy grounds, finding that an award won by a US cryptocurrency company in a California-seated JAMS arbitration breached UK consumer law.

19 July 2023

Sinopec sees off challenge to Ecuador oilfield award

A Chilean court has upheld a US$64 million award won by Chinese state-owned energy group Sinopec against Ecuador’s national oil company, finding it did not violate national public policy.

18 May 2023

India loses challenge to gas migration award

The Indian government has failed to overturn an UNCITRAL award favouring Reliance Industries and its partners in a US$1.7 billion dispute over alleged migration of gas between adjacent blocks.

09 May 2023

Bahrain enforces ICC award in Paris

A Paris court has upheld the enforcement of an ICC award favouring Bahrain in a €180 million dispute with a French construction company that is now in liquidation.

25 April 2023

Golf club investors avoid Shenzhen award in Canada

A Canadian court has refused to enforce a US$90 million award rendered in Shenzhen against a golf club impresario and his wife after finding they were not given proper notice of the arbitration during the covid-19 pandemic.

14 April 2023

BVI court finds ICC awards go against Thai public policy

A court in the British Virgin Islands has refused to enforce compound interest awarded in an ICC dispute between two Thai businessmen after finding that it conflicts with Thai public policy.

20 March 2023

German court permits enforcement against India

A German court has ruled that Deutsche Telekom can partially enforce a US$132 million investment treaty award against India over a cancelled satellite deal, finding the state lacked evidence to substantiate its fraud allegations.

08 February 2023

German court permits full review of antitrust awards

The German courts can review the merits of arbitral awards relating to competition law, the country’s top court has ruled.

16 January 2023

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

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