Work Area: Enforcement and set-aside
Botox battle lands in Texas court
A French biopharma group has asked a US court to enforce an ICC award that restrains its Swiss partner Galderma from independently obtaining regulatory approval for a novel Botox treatment.
05 December 2023
Oil trader seeks to enforce against Poland
A Cyprus-registered oil trader has asked a US court to enforce a US$47.6 million Energy Charter Treaty claim award against Poland over the state’s refusal to comply with decisions by its own courts.
04 December 2023
Poncet disqualified from Iranian mega-case after “burkini” remarks
The ICC Court has disqualified Swiss arbitrator Charles Poncet from hearing Crescent Petroleum’s US$32 billion arbitration against the National Iranian Oil Company after he was accused of displaying anti-Muslim bias during a television broadcast about swimwear.
30 November 2023
Singapore court clears tribunal majority of apparent bias
Singapore’s International Commercial Court has rejected arguments that tribunal majority Doug Jones and Keechang Kim showed apparent bias in an ICC arbitration despite a forceful dissent by arbitrator Philip Habegger accusing them of dishonesty.
30 November 2023
French court denies stay in light of Algerian criminal case
A French court has refused to stay an action to annul an ICC jurisdictional award in a dispute between a Chinese construction company and its Algerian partners in light of pending criminal proceedings in Algeria.
30 November 2023
Australia can lead on enforcement against state assets
Lucas Bastin KC told GAR Live Sydney that Australia could become the “stand out” jurisdiction for enforcement of awards against state assets – as its courts possess “execution powers that do not exist” in other countries with equivalent state immunity legislation.
28 November 2023
Hisense loses challenge to ICC award
Chinese consumer electronics group Hisense has lost its French court challenge to an ICC award requiring it to pay US$27 million to its former Egyptian distributor.
28 November 2023
ICSID creditor targets funds for Italy-Albania migration deal
A businessman seeking to enforce an ICSID award against Albania has attempted to seize €135 million in funds allocated to the Balkan state under a controversial migration deal with Italy – as he threatens a further arbitration.
22 November 2023
Ecuador loses final appeal over Chevron denial of justice award
The Dutch Supreme Court has rejected Ecuador’s challenge to an investment treaty award that found Chevron was denied justice when a local court ordered it to pay US$9 billion for environmental pollution.
22 November 2023
US court rejects Russia’s immunity defence in Yukos case
A US court has rejected Russia’s sovereign immunity defence to the enforcement of awards now worth nearly US$60 billion held by the former majority shareholders of Yukos Oil Company – ruling the arbitrators’ findings on jurisdiction were binding.
20 November 2023