Work Area: Enforcement and set-aside

Bahrain enforces ICC award in Paris

A Paris court has upheld the enforcement of an ICC award favouring Bahrain in a €180 million dispute with a French construction company that is now in liquidation.

25 April 2023

Chinese property group defeats HKIAC claim by ex-shareholder

An arbitrator in Hong Kong has dismissed a US$147 million claim against a Chinese property developer arising from a voided share purchase, as it battles to regain control of valuable assets on the mainland.

24 April 2023

Top Dutch court won’t revive treaty claim against Venezuela

A family of dual nationals has failed to revive a US$240 million treaty claim against Venezuela over the loss of their food business after the Dutch Supreme Court found it had no power to review the arbitrators’ decision to reject jurisdiction.

24 April 2023

Germany plans to reform arbitration law

Germany’s Federal Ministry of Justice has announced plans to reform the country’s arbitration law for the first time in 26 years.

21 April 2023

London Stock Exchange wins forex data dispute

The operators of the London Stock Exchange and the FTSE 100 Index have asked a US court to enforce an US$11.5 million AAA-ICDR award in a dispute related to the US$27 billion acquisition of a foreign exchange data business.

19 April 2023

Inside an effort to seize Russian state assets in the UK

Politicians in the UK are trying to introduce a law making it easier for the government to confiscate Russian state assets to pay for the damage caused by the country’s war against Ukraine.

18 April 2023

Swiss court won't reopen Indian satellite award

A Swiss court has refused to revise a US$132 million investment treaty award won by Deutsche Telekom against India, declining to rule on allegations the award was tainted by illegality.

17 April 2023

US appeals court does U-turn over grounds for set-aside

In a decision that affects Miami and Atlanta as arbitral seats, a US federal appeals court has held that the grounds for setting aside New York Convention awards in US-seated arbitrations are found in domestic law rather than the convention – overruling its own precedents and aligning with four other US circuits.

14 April 2023

Golf club investors avoid Shenzhen award in Canada

A Canadian court has refused to enforce a US$90 million award rendered in Shenzhen against a golf club impresario and his wife after finding they were not given proper notice of the arbitration during the covid-19 pandemic.

14 April 2023

Australia’s top court rejects Spain’s immunity defence

Australia’s highest court has affirmed that Spain cannot invoke sovereign immunity to avoid the recognition and enforcement of a €101 million ICSID award – and that the European Court of Justice’s prohibition against intra-EU investment arbitration is irrelevant to this question.

12 April 2023

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