Work Area: Enforcement and set-aside

ECHR holds Slovakia liable for courts’ refusal to enforce award

The European Court of Human Rights has held Slovakia liable for the refusal of its courts to enforce an ICC award won against a state agency in a Paris-seated arbitration.

01 July 2022

Yukos shareholders win appeal over Russian vodka assets

The former majority shareholders of Yukos have secured a reversal in the Dutch courts allowing them to seize the Benelux trademarks of two “iconic” Russian-owned vodka brands, as they look to cash in on their US$50 billion awards against the state.

28 June 2022

Lithuania stymied by its own courts in Veolia dispute

Lithuania has once again been stymied by its own judiciary in a fight with French environmental services group Veolia, as an appeal court upholds a decision refusing to admit claims the state originally raised in an intra-EU ICSID dispute between the parties.

28 June 2022

Uruguay enforces costs award against failed ICSID claimant

A US court has enforced an ICSID award requiring a Florida telecoms company to pay nearly US$6 million in costs plus interest to Uruguay following an unsuccessful treaty claim that was backed by a third-party funder.

24 June 2022

Multi-billion attachment against Kazakh fund lifted in sovereign immunity ruling

The Hague Court of Appeal has lifted a US$5.2 billion attachment order imposed on Kazakhstan’s sovereign wealth fund as part of efforts to enforce an Energy Charter Treaty award against the state – as the Moldovan creditors instruct a new counsel team in the long-running dispute.

23 June 2022

Copacabana kickabout cited in conflict challenge

A Brazil v Rest of the World football match organised as part of the ICCA Congress in Rio de Janeiro over a decade ago has been cited as part of a failed bid to annul an award in a €70 million ICC dispute, after it was argued that Italian arbitrator Stefano Azzali should have disclosed he played in the game alongside one of the lead counsel.

22 June 2022

Venezuela challenges “corrupted” Conoco annulment committee

Following arbitrator Kevin Kim’s resignation from an ICSID annulment committee hearing Venezuela’s bid to overturn a US$9 billion award in favour of ConocoPhillips, the state has challenged two more panel members on the basis that they were “corrupted” by his actions.

21 June 2022

Tajik state airline escapes US enforcement bid

A US appeals court has dismissed a Lithuanian company’s bid to enforce a US$20 million award issued by a Vilnius-seated tribunal against Tajikistan’s national airline, agreeing that a lower court lacked personal jurisdiction over the flag carrier.

21 June 2022

Turkish construction company pursues claim against Ethiopia

A Turkish construction company behind a multibillion-dollar industrial zone project is pursuing an investment arbitration against Ethiopia, it has emerged.

20 June 2022

Venezuela fails to scrub out revived Clorox claim

Venezuela has failed to overturn an award upholding jurisdiction over a US$185 million investment arbitration brought by US-based cleaning products group Clorox, with a Swiss court dismissing arguments that the claim – on remand to the tribunal – was an example of abusive treaty shopping.

17 June 2022

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