Work Area: Enforcement and set-aside

Nigeria seeks to overturn US$11 billion award

Nigeria is fighting to set aside an arbitral award requiring it to pay US$11 billion to an offshore company with arguments that the award and underlying contract were secured through “industrial scale” bribery of Nigerian government officials and lawyers representing the state in the arbitration.

27 January 2023

French court sides with Libya on service

A French court has ruled that Libya is not too late to appeal the enforcement of a €280 million award, after finding that delivery of documents to the state’s foreign ministry was not sufficient to prove service had been completed.

27 January 2023

Hungary’s MOL seeks to enforce against Croatia

A Hungarian oil and gas group that won a US$237 million ICSID award against Croatia after defeating the state’s bribery defence has moved to enforce it in a US court, putting the award in the public domain.

26 January 2023

GE settles Algerian power plant dispute

General Electric and its Greek partner have settled an ICC arbitration with an Algerian state-owned entity over a US$234 million power plant project that gave rise to interim measures enforced in the New York courts.

25 January 2023

Dutch court blocks Stati award over “procedural fraud”

A Dutch court has refused to enforce a US$500 million Energy Charter Treaty award against Kazakhstan after finding that the Moldovan claimants committed procedural fraud in the arbitration – just as a Swedish court allows them to target sovereign assets.

25 January 2023

Philippine lottery group secures win in betting slips dispute

A Philippine state entity that manages charity sweepstakes and lotteries has defeated a US$600 million claim brought by an Australian printing company over a joint venture to build a thermal paper-coating plant to produce betting slips.

16 January 2023

German court permits full review of antitrust awards

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

16 January 2023

ICC award set aside over Gaillard eulogy

An ICC award has been set aside after the Paris Court of Appeal concluded that a eulogy written for Emmanuel Gaillard following his sudden and unexpected death gave rise to doubt about the independence and impartiality of the tribunal president.

13 January 2023

Paris court again annuls Komstroy award

The Paris Court of Appeal has for the second time annulled a US$49 million Energy Charter Treaty award in favour of Ukrainian energy company Komstroy against Moldova – upholding the European Court of Justice’s findings that an acquisition of debt did not constitute an investment.

12 January 2023

Venezuelan upheaval creates confusion in US enforcement actions

The Venezuelan National Assembly has removed interim leader Juan Guaidó and installed new leadership to take charge of its foreign assets – potentially creating confusion in the dozens of US enforcement proceedings where he had been recognised as the country’s legitimate president.

06 January 2023

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