Topic: Res judicata and issue estoppel

The French Court of Cassation has upheld a decision to annul an ICC investment treaty award against Libya based on corruption allegations that were never raised in the arbitration.

09 September 2022

The English Commercial Court has dismissed India’s challenge to a previously undisclosed US$111 million UNCITRAL award issued in its 11-year and still-pending dispute with Reliance Industries and BG Group over oil and gas fields.

09 June 2022

A Singapore court has upheld a SIAC award favouring Laos in a long-running casino dispute, ruling the tribunal was within its rights to bar two gaming companies from raising claims argued in a prior arbitration.

06 June 2022

An English court has ruled that an arbitrator has no jurisdiction to hear an Indian commodities group’s US$300 million claim against a Ghanaian state-owned bank – but could the dispute turn into an investment treaty claim?

18 May 2022

The family of a Russian property tycoon being sued for US$800 million over an alleged banking fraud are not bound by findings of dishonesty in an LCIA award against companies said to be under their control, a UK judge has ruled.

12 April 2022

An ICSID tribunal has refused to reconsider its jurisdiction to hear an Energy Charter Treaty case brought by four German banks against Spain – one of the first arbitral decisions to address the effect of the European Court of Justice’s recent ruling in Komstroy.

06 December 2021

The UK Supreme Court has refused to enforce an ICC award against a Kuwaiti food company after ruling that English law governed the arbitration agreement despite the choice of Paris as the arbitral seat – saying the risk of contradicting the French courts could not be avoided.

27 October 2021

A Swiss court has upheld an LCIA award against the majority shareholder of an Indian razor manufacturer, rejecting arguments that the arbitrators should have postponed a hearing in light of the covid-19 pandemic.

20 August 2021

The Singapore Court of Appeal has annulled ICC awards worth more than US$525 million in a feud between two Thai businessmen over the sale of wind energy assets.

14 July 2021

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