Work Area: Construction

Roadbuilders try to revive ICSID claim against Kuwait

Rizzani de Eccher and its partners have applied to revive an ICSID claim against Kuwait over a billion-dollar road project – as the Italian contractor defends a seizure order granted in aid of a €60 million arbitration against Russia’s Gazprom.

24 March 2023

Australian appeal court rules on functus officio

David Brynmor Thomas KC and James Shaerf of 39 Essex Chambers argue that a recent Australian appeal court decision on the meaning of functus officio raises some problematic doctrinal and practical issues, not least for the use of partial awards as a case management tool.

07 March 2023

Ukrainian road awards upheld in France

The French Court of Cassation has upheld a pair of ICC awards requiring Ukraine’s state road agency to pay damages to an Italian construction company in a US$66 million dispute over a road repair and construction contract.

19 December 2022

Vietnam faces second ICSID claim

Vietnam is facing its second ever ICSID case after a pair of Chinese construction companies filed a claim under a rarely used investment treaty.

30 November 2022

Arbitration clauses held inoperative under Canadian insolvency law

Canada’s insolvency legislation empowers courts to declare arbitration clauses inoperative if enforcing them would compromise a receivership and hurt creditors, the country's Supreme Court has ruled.

29 November 2022

Contractors call halt to Hong Kong rail dispute

A UK-Chinese construction joint venture has agreed to settle a US$40 million HKIAC dispute with a subcontractor on a project to build part of a high-speed rail link to the Chinese mainland.

09 November 2022

Russian steel producer wins set-aside bid in Sweden

In a rare example of an annulment in the Swedish courts, the operator of a Russian steel plant has won the partial set-aside of a Stockholm Chamber of Commerce award in a US$200 million dispute with a Chinese engineering contractor.

08 November 2022

DIFC court refuses to injunct onshore lawsuit

A court in the Dubai International Financial Centre has refused to restrain a Dubai contractor from pursuing litigation in the emirate’s onshore courts, despite arguments it is in breach of an agreement to arbitrate in the DIFC.

25 October 2022

Mexican utility liable in LCIA dispute over power plant

An LCIA tribunal has ordered Mexico’s state-owned electric utility to pay US$22 million to a consortium of Spanish construction companies for cost overruns at a power plant project – as details emerge of a separate award issued against the utility last year.

04 October 2022

Turkish investor puts Yemen on notice over road project

A Turkish construction company has threatened Yemen with a US$660 million treaty claim over a road project it says was disrupted by the seizure of equipment and raids and intimidation by paramilitary units.

24 August 2022

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