Work Area: Enforcement and set-aside
Russian gold investor fails to revive Mongolia claim
A Dutch appeal court has upheld an UNCITRAL tribunal’s finding that a Russian businessman waited too long to bring a damages claim against Mongolia after the state was found in breach of an investment treaty.
29 March 2023
Ukrainian bank’s billion-dollar award against Russia surfaces
A Ukrainian state-owned bank has applied to a US court to enforce a US$1.1 billion investment treaty award against Russia, putting the award in the public domain.
22 March 2023
Indian court confirms set-aside of billion-dollar award
The Delhi High Court has affirmed its decision to set aside a US$1.3 billion ICC award against an Indian state-owned entity based on allegations of fraud.
20 March 2023
“Enough is enough”: Justice Patel calls for Indian arbitration reform
In a GAR Live keynote speech delivered before the news that India will open its doors to foreign lawyers, Justice Gautam Patel of the High Court of Bombay called out “fundamental flaws” in the country’s arbitration system, taking aim at the conduct of arbitration practitioners in the country and saying it was time to “burn down the house” in terms of how arbitration is perceived.
17 March 2023
US hedge fund seeks to enforce against Peru
A Delaware-registered hedge fund has asked a US court to enforce a US$100 million ICSID award against Peru, after a divided tribunal found the state liable in a dispute over land bonds.
16 March 2023
French court upholds stay of Malaysia mega-award
A French court has refused to lift a stay of enforcement of a US$15 billion award against Malaysia – as the award holders reportedly target state-owned properties in Paris.
16 March 2023
Lima challenges second toll-road award in US
UPDATED: The Peruvian municipality of Lima has asked a US court to set aside an UNCITRAL award that rejected allegations of corruption against an Odebrecht-linked consortium – as a challenge to an earlier award over the same toll-road concession resumes.
15 March 2023
Latvia's lack of set-aside provisions ruled unconstitutional
Practitioners have welcomed a ruling by Latvia’s Constitutional Court directing the legislature to introduce a mechanism for the setting aside of awards, an omission that had made the Baltic state “a long-time outlier in the international community”.
15 March 2023
Renewables funds swapped out of US action against Spain
A US court has allowed the claimants to be substituted in an action to enforce an Energy Charter Treaty award even as Spain warns their directors could face criminal penalties over the move.
13 March 2023
Eni gets final injunction against Nigerian partner
Eni has won a final anti-suit injunction in the UK against its local partner in a Nigerian oil block following a US$200 million ICC arbitration – as three NGOs are permitted to weigh in on corruption issues in an unrelated ICSID case.
08 March 2023