Work Area: Enforcement and set-aside
Mauritius seals win in treaty dispute with dual national
A French-Mauritian businessman whose US$1 billion investment treaty claim against Mauritius was dismissed five years ago because of his dual nationality has lost a final bid to challenge the decision in the Belgian courts.
29 May 2023
Spanish wind farm award survives challenge over virtual hearing
A French court has upheld an ICC award issued in favour of a Saudi energy company over its collapsed deal to buy Spanish wind farms, finding that the tribunal did not violate procedure by conducting a hearing virtually during the pandemic.
29 May 2023
Scherer award upheld in Djibouti port dispute
A Djibouti state-owned entity has failed to overturn a liability award issued by Maxi Scherer as sole arbitrator in an LCIA dispute with Emirati logistics group DP World over a port facility on the Red Sea.
26 May 2023
Spain fails to halt enforcement of intra-EU award in London
A UK court has ruled for the first time that Spain cannot avoid enforcement of an ICSID award by invoking EU law prohibitions on intra-EU investment arbitration.
25 May 2023
Dual national's award against Senegal upheld
The French Court of Cassation has upheld a US$243 million investment treaty award obtained by a French-Senegalese businessman against Senegal, dismissing the state’s arguments regarding his dual nationality.
25 May 2023
Belgian supreme court upholds ruling on tribunal secretaries
Belgium’s supreme court has affirmed a controversial ruling that ICC awards can be drafted by tribunal secretaries if their work is reviewed by the arbitrators.
24 May 2023
Brussels court maintains Albanian asset freeze
The Brussels Court of Appeal has upheld an attachment over Albanian air traffic control revenues obtained by Italian investors seeking to enforce an €110 million ICSID award.
23 May 2023
US court enforces tortilla award against Venezuela
A US court has confirmed a tortilla maker’s US$430 million ICSID award against Venezuela, rejecting arguments that the interim government of former opposition leader Juan Guaidó was denied due process when it was barred from appearing in annulment proceedings.
23 May 2023
More claims filed over halted Gazprom supplies
Poland’s Europol Gaz has filed an SCC arbitration against Gazprom reportedly seeking US$1.47 billion over delayed gas deliveries – as an Indian state entity also lodges a claim against a former unit of the Russian company over halted supplies.
19 May 2023
Mauritian injunction fails to halt treaty claim against India
An UNCITRAL tribunal has ignored a Mauritian court order enjoining investors in insolvent satellite company Devas Multimedia from pursuing their US$640 million treaty claim against India, as the claimants accuse the state of going “scorched earth” since the case was filed.
19 May 2023