Work Area: Enforcement and set-aside
Panama’s top court affirms awards are not subject to amparos
The Supreme Court of Panama has confirmed that arbitral awards may only be challenged through an annulment action, ruling out the use of “amparo” actions to contest awards on constitutional grounds.
28 June 2023
Dutch court blocks enforcement of Malaysia mega-award
The Hague Court of Appeal has refused to enforce a US$15 billion award against Malaysia won by heirs to a sultanate on the island of Borneo – finding that sole arbitrator Gonzalo Stampa lacked capacity to issue the ruling after his appointment was annulled by the Spanish courts.
27 June 2023
Libya creditor targets former Gaddafi property in London
A US defence contractor is seeking to satisfy a £16 million ICC award against Libya through the sale of a London property previously owned by the family of the country’s former leader Muammar Gaddafi.
26 June 2023
Russia faces enforcement of US$5 billion award in DC
Ukrainian state oil and gas Naftogaz has asked a court in Washington, DC, to enforce its US$5 billion investment treaty award against Russia over assets seized during the annexation of Crimea – putting the award in the public domain.
23 June 2023
US Supreme Court confirms availability of RICO to foreign award creditors
The US Supreme Court has ruled that a Russian businessman can use the country’s anti-racketeering law, RICO, to enforce an LCIA award – creating a new avenue for foreign arbitral creditors targeting US assets.
23 June 2023
Cayman court injuncts Iraqi businessman in telecoms feud
Kuwait’s Agility and France’s Orange have won a Cayman freezing injunction against a prominent Iraqi businessman and military commander in aid of efforts to enforce a US$1.6 billion ICC award.
22 June 2023
Hungary adds new set-aside ground
Hungary has introduced a new provision allowing courts to set aside awards in construction disputes that failed to properly consider opinions issued by a state-endorsed performance body – a move practitioners have called “problematic”.
22 June 2023
Dutch court blocks enforcement against Venezuelan state entities
A Dutch appeal court has refused to allow the holder of a US$500 million ICSID award against Venezuela to pursue enforcement against the country’s national oil company and its subsidiaries.
21 June 2023
Negative jurisdiction award upheld in Turkish metro dispute
The Court of Appeal of The Hague has upheld an ICC award that declined jurisdiction over claims by a Siemens consortium against a Turkish city – the latest in a series of arbitrations over the construction of a metro system.
19 June 2023
Oxy loses appeal over payout to Amazon oil block partner
A US appeals court has dismissed Occidental Petroleum's challenge to an award requiring it to share the proceeds of an ICSID settlement with its former partner in an Ecuadorean oil block.
16 June 2023