Work Area: Enforcement and set-aside
US appeals court upholds Panama Canal awards
A US appeals court has refused to set aside a pair of ICC awards worth US$285 million in favour of the Panama Canal Authority based on the arbitrators’ involvement in unrelated arbitrations.
21 August 2023
US court refuses to enforce Moroccan hotel award against “alter ego”
A US court has refused to allow the owner of a demolished Moroccan luxury hotel to enforce its US$60 million ICC award against the debtor’s former parent company, finding the alleged breach of contract was not enough to pierce the corporate veil.
17 August 2023
Venezuela creditors flock to take part in Citgo auction
ExxonMobil has joined a line of Venezuela’s creditors seeking to take part in the court-supervised auction of an interest in a state-owned refinery business, which is reportedly valued at US$13 billion.
16 August 2023
Winding-up of paper group stayed in favour of HKIAC claim
A Hong Kong court has stayed a six-year-old petition to wind up a Chinese paper company over an unpaid HKIAC award because the debtor is pursuing a larger cross-claim in a second arbitration.
15 August 2023
Hong Kong court upholds arbitrator immunity
A Hong Kong court has refused a request that an arbitrator in mainland China be compelled to give evidence in an enforcement proceeding, saying arbitrators should have the “same immunity available to judges”.
14 August 2023
Thai businessman wins asset-stripping claim
A UK court has awarded more than US$850 million to the exiled founder of a Thai wind energy group after upholding his claims that various executives and a prominent lawyer engaged in “dishonest asset-stripping” to frustrate payment of ICC awards.
14 August 2023
Zimbabwe fails to knock out ICSID enforcement actions
A US court has rejected Zimbabwe’s bid to dismiss actions to enforce a pair of ICSID awards worth US$440 million that held the state liable for “racially discriminatory” land expropriations.
11 August 2023
Oxy loses further claim against Amazon oil block partner
An ICDR tribunal has thrown out a US$310 million claim by Occidental Petroleum against its Chinese former partner in an Ecuadorean oil block, finding it was barred by res judicata because of an earlier award.
09 August 2023
Asian semiconductor companies settle IP dispute
A Japanese supplier of semiconductor test equipment has secured a US$20 million settlement of a JAMS dispute with a Singapore rival – months after a California court found the arbitrator overstepped his authority by issuing discovery subpoenas against non-parties.
09 August 2023
Kyrgyzstan challenges award over lakeside resorts
Kyrgyzstan has asked a US court to annul a US$33 million ICSID additional facility award in favour of four Uzbek investors over the expropriation of four lakeside resorts – putting the award in the public domain.
08 August 2023