Work Area: Enforcement and set-aside

The US Department of Justice has weighed into a DC Circuit appeal over the enforcement of three Energy Charter Treaty awards against Spain, arguing that the existence of an arbitration agreement is a threshold question and that it was “improper” for a judge to issue anti-suit injunctions against the respondent state.

06 February 2024

The former majority of shareholders of Yukos have seized a London property owned by Russia to satisfy the legal costs of their battle to enforce awards worth US$60 billion.

02 February 2024

A Singapore court has thrown out a challenge by India’s Reliance Infrastructure to a US$146 million SIAC award won by a Chinese energy group based on allegations the underlying arbitration agreement was forged.

01 February 2024

The Court of Appeal in London has refused to order Spain to pay €120 million in security as a condition for its appeal against the registration of an ICSID award – after the state agreed to stay litigation it has brought against the award holders in Luxembourg.

01 February 2024

A UK judge has criticised a failed attempt to compel White & Case and Dutch practitioner Albert Jan van den Berg to turn over documents they allegedly handled while representing Russia in its US$60 billion dispute with the former majority shareholders of Yukos.

29 January 2024

An ICSID committee has taken the unprecedented step of annulling an award rendered under the centre’s expedited dismissal procedure, allowing an Egyptian tourism investor to revive its US$320 million claim against Kuwait.

25 January 2024

An English court has upheld an LCIA award favouring a Pakistani gas distributor in a dispute with a power plant operator, rejecting arguments that the sole arbitrator determined the claim on a basis that had not been pleaded.

25 January 2024

In a “novel” ruling that goes against international case law, the Commercial Court in London has declined to set aside an order for the registration of a decade-old ICSID award against Zimbabwe, finding that sovereign immunity has no relevance at that stage of proceedings.

24 January 2024

An appeal arbitrator has upheld an award that dismissed a US$405 million claim brought by a Danish biotech company against Belgium’s Janssen Pharmaceuticals over a blood cancer treatment.

23 January 2024

The Paris Court of Appeal has upheld an ICC award that dismissed a US$190 million investment treaty claim brought by a Turkish construction company against Libya over projects left unfinished after recent civil war.

18 January 2024