Work Area: Enforcement and set-aside
US court confirms Turkish investor’s award against Libya
A DC court has enforced a Turkish contractor’s US$22 million investment treaty award against Libya, refusing the state’s application to stay the action pending the outcome of other enforcement proceedings.
05 February 2025
Poland gets ECT award set aside in Sweden
A Swedish court has set aside a Cyprus-registered oil trader’s US$47.6 million Energy Charter Treaty award against Poland, finding it is incompatible with fundamental principles of Swedish and EU law.
04 February 2025
Ukraine beats bid to revive multibillion-dollar ECT claim
A Swedish court has rejected a bid by entities associated with oligarch Igor Kolomoisky to revive a US$6 billion Energy Charter Treaty claim against Ukraine – despite finding that the grounds for dismissing the case were wrongly decided.
03 February 2025
Australian court reverses ruling on India’s sovereign immunity defence
The Federal Court of Australia has allowed India to invoke sovereign immunity as a defence to the enforcement of a US$111 million investment treaty award – overturning its earlier ruling to the contrary.
03 February 2025
US appeals court orders second look at DIFC-LCIA clause
A US appeals court has quashed a Louisiana court ruling that said a DIFC-LCIA arbitration clause was unenforceable because the designated forum no longer existed following its abolition by the Dubai government.
28 January 2025
Venezuela fails to annul ConocoPhillips award
An ICSID annulment committee has upheld an award that ordered Venezuela to pay around US$9 billion to ConocoPhillips over the expropriation of three oil projects.
23 January 2025
CJEU adviser says CAS awards subject to full review
An advocate general of the Court of Justice of the European Union (CJEU) has said that CAS awards must be open to a full review by national courts to ensure they comply with EU law.
22 January 2025
Argentina appeals US enforcement of airline award
Argentina is appealing a US court’s decision to enforce a US$391 million ICSID award over the nationalisation of two airlines – despite earlier reports suggesting the state did not oppose enforcement.
20 January 2025
Does the ICSID annulment system need reform?
A panel at Dubai Arbitration Week discussed the results of a recent Baker Botts survey on applications to annul investment arbitration awards – and whether the findings demonstrated the need to reform the ICSID annulment system.
20 January 2025
Dutch court upholds enforcement of Iranian gas award
The Hague Court of Appeal has refused to overturn the enforcement of an award worth US$2.75 billion won by the UAE’s Crescent Petroleum against the National Iranian Oil Company.
17 January 2025