Topic: 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

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

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

16 January 2023

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 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

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

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

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

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

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