Topic: Public policy

Cayman court upholds enforcement in fight over Karachi power utility

A Cayman court has upheld the enforcement of an LCIA award requiring disclosure of records relating to a former Abraaj Group investment fund that holds a US$1.6 billion stake in a Karachi power utility.

09 February 2024

Singapore court dismisses forgery challenge to Indian power plant award

A Singapore court has thrown out a challenge by India’s Reliance Infrastructure to a US$146 million SIAC award won by a Chinese energy group based on allegations the underlying arbitration agreement was forged.

01 February 2024

Paris court upholds Ethiopian road awards

The Paris Court of Appeal has refused to revive an ICC claim against an Ethiopian state agency based on an arbitrator’s alleged ties with a partner at Clyde & Co – including their participation on a roundtable at Paris Arbitration Week.

17 January 2024

Hong Kong court asks Kaplan to reconsider public policy

A Hong Kong court has ruled that a pair of HKIAC awards favouring a Chinese property developer in a US$147 million dispute should be remitted to arbitrator Neil Kaplan KC as they arguably conflict with Hong Kong public policy following a recent change to the law on illegality.

10 January 2024

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

“The most severe abuses of the arbitral process”: UK court overturns mega-award on grounds of fraud

A UK judge has raised serious concerns about the supervision of large arbitrations involving states after finding that an US$11 billion award against Nigeria was procured through false evidence, corrupt payments and improper retention of leaked documents.

23 October 2023

Volterra Fietta loses appeal over unlawful retainer

The Court of Appeal in London has affirmed that Volterra Fietta cannot recover any fees from a former client for work on a billion-dollar investment treaty arbitration after the law firm’s conditional fee agreement was found to be unenforceable.

04 October 2023

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

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