Topic: Public policy

Former banker Sergei Pugachev has failed to persuade a Spanish court to revive his US$14.5 billion investment treaty claim against Russia.

10 January 2022

Olexander Droug, Tatyana Slipachuk and Alina Danyleiko of Sayenko Kharenko in Kyiv say a recent pair of judgments show a volte-face by the Ukrainian Supreme Court in its approach to public policy as a defence to enforcement of arbitral awards.

06 January 2022

France’s Court of Cassation has found that a lower court erred when it blocked enforcement of an ICC award against Alstom because of alleged evidence of bribery.

13 October 2021

A French court has upheld a US$30 million ICC award in favour of Yemen despite arguments the proceeds could be used to fund terrorist groups including Al-Qaeda and thereby violate human rights and international sanctions.

07 October 2021

France’s supreme administrative court has upheld a €33 million ICC award in favour of a subsidiary of French utility Engie in a long-running dispute over the construction of an LNG terminal – affirming that the dismissal of a set-aside application is equivalent to an enforcement order.

24 August 2021

The Paris Court of Appeal has upheld an ICC award requiring a Saudi prince’s media group to pay US$22 million to a Lebanese television station.

16 March 2021

The US Supreme Court yesterday refused to hear Petrobras’s appeal against the confirmation of an ICDR award that required it to pay an offshore drilling company for terminating a contract allegedly procured through bribery.

23 February 2021

The Singapore Court of Appeal has upheld an award on liability that led to a Manila gaming resort owner being ordered to pay US$296 million to a Las Vegas casino operator – rejecting allegations that the successful party and its counsel fraudulently misled the tribunal.

19 February 2021

The Spanish Constitutional Court has reinstated an annulled award in a €600 million inheritance battle between relatives of a prominent deceased aristocrat – setting a high standard for the review of arbitral awards on public policy grounds.

18 February 2021

A French court has refused to enforce a US$26 million award against a prominent Qatari businessman that resulted in criminal convictions for the arbitrators – finding that their decision to move the arbitral seat and transform the case into an ad hoc proceeding was in breach of due process.

05 February 2021