Work Area: Enforcement and set-aside

Bahamian court rules on “new frontier” of trust arbitration

A court in the Bahamas has rejected challenges to a pair of awards favouring the son of an Italian billionaire in a long-running family feud – in what has been called a “first of its kind” ruling with significance for future trust arbitrations.

17 January 2024

Paris court upholds Ethiopian road awards

The Paris Court of Appeal has refused to revive an ICC claim against an Ethiopian state agency based on an arbitrator’s alleged ties with a partner at Clyde & Co – including their participation on a roundtable at Paris Arbitration Week.

17 January 2024

Swedish court annuls ECT award after Komstroy ruling

The Svea Court of Appeal has annulled an SCC award that ordered European investors to pay costs to Poland following an unsuccessful Energy Charter Treaty claim, finding the award was invalidated by the European Court of Justice’s ruling in Komstroy.

12 January 2024

Hong Kong court asks Kaplan to reconsider public policy

A Hong Kong court has ruled that a pair of HKIAC awards favouring a Chinese property developer in a US$147 million dispute should be remitted to arbitrator Neil Kaplan KC as they arguably conflict with Hong Kong public policy following a recent change to the law on illegality.

10 January 2024

German Supreme Court rejects India’s “extra-EU BIT” objection

The German Supreme Court has partially enforced a US$140 million award won by Deutsche Telekom against India – rejecting the state’s arguments that the Achmea ruling extends to arbitration agreements in treaties made between EU member states and third countries.

09 January 2024

Peru faces bid to enforce bus concession awards

A businessman who was assigned awards worth US$55 million plus interest against the Peruvian municipality of Lima and its transport authority has applied to a US court to enforce them against Peru.

08 January 2024

Dominican Republic challenges award in landfill dispute

The Dominican Republic has asked a US court to set aside a Jamaican billionaire’s US$44 million treaty award, alleging it was procured by fraud.

03 January 2024

Ecuador beats refinery claim with corruption defence

Ecuador has applied to enforce a costs award after defeating a US$145 million treaty claim brought by an engineering company that was found to have engaged in corruption.

02 January 2024

Nigeria declares end to mega-award saga after UK appeal denied

A London judge has refused permission to appeal his earlier ruling that an US$11 billion award against Nigeria was obtained by fraud – which the state says brings a “final end” to one of the most high-profile disputes in the field of arbitration.

21 December 2023

UK court recognises US$5 billion award against Russia

Ukraine’s Naftogaz says it has won a UK court order recognising its US$5 billion investment treaty award against Russia over the seizure of its assets in Crimea.

19 December 2023

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