Work Area: Enforcement and set-aside

German court permits enforcement against India

A German court has ruled that Deutsche Telekom can partially enforce a US$132 million investment treaty award against India over a cancelled satellite deal, finding the state lacked evidence to substantiate its fraud allegations.

08 February 2023

Yemen pursues Oxy over ICC award

Yemen has applied to a US court to enforce the outstanding part of a US$10 million ICC award against an affiliate of Occidental Petroleum.

08 February 2023

Malaysian state entity defeats bid to revive SIAC claim

UPDATED: A Singapore court has upheld a SIAC award favouring Malaysia’s state-owned telecoms company in a US$35 million dispute with a provider of set-top boxes for internet protocol television, finding no evidence the arbitrator failed to keep an open mind.

07 February 2023

India loses Dutch appeal over treaty award

The Supreme Court of the Netherlands has dismissed India’s bid to set aside an investment treaty award in a bitter saga over a cancelled satellite deal.

03 February 2023

Luxembourg court unfreezes Malaysian assets

A Luxembourg court has lifted an attachment previously granted to Philippine claimants seeking to enforce a US$15 billion award against Malaysia – as the dispute gives rise to further rulings in the Spanish courts.

03 February 2023

Repsol fails to overturn Sinopec awards in Singapore

A Singapore court has upheld a pair of SIAC awards that found Repsol liable for fraud in a US$5 billion dispute with China’s Sinopec, while refusing to disqualify the presiding arbitrator over his role on a Chinese court-appointed expert panel.

02 February 2023

Trinidad court overturns coastal highway award

A court in Trinidad and Tobago has set aside a US$126 million LCIA award won by a Brazilian contractor against the Caribbean state’s national infrastructure company – finding that the tribunal made conclusions that “no reasonable arbitrator” should have reached.

30 January 2023

Nigeria’s sovereign immunity defence fails in DC

A US court has rejected Nigeria’s jurisdictional objections to the enforcement of a US$70 million investment treaty award won by a Chinese investor over a joint venture to develop a free trade zone, dismissing the state’s arguments based on sovereign immunity.

30 January 2023

Nigeria seeks to overturn US$11 billion award

Nigeria is fighting to set aside an arbitral award requiring it to pay US$11 billion to an offshore company with arguments that the award and underlying contract were secured through “industrial scale” bribery of Nigerian government officials and lawyers representing the state in the arbitration.

27 January 2023

French court sides with Libya on service

A French court has ruled that Libya is not too late to appeal the enforcement of a €280 million award, after finding that delivery of documents to the state’s foreign ministry was not sufficient to prove service had been completed.

27 January 2023

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