Work Area: Enforcement and set-aside
Lima escalates highway dispute with discovery bid
As Lima continues to challenge awards worth US$200 million in favour of a highway concessionaire, the Peruvian municipality has asked a US court to order discovery from the award creditor’s investors to support allegations of bribery in Peruvian criminal proceedings.
19 November 2024
Belarus enforces ICSID award against claimant in Russia
A Moscow court has recognised an award requiring an insolvent Russian railway company to pay Belarus more than US$10 million in costs – reasoning there was no unequal treatment in the arbitration since both Russia and Belarus are subject to Western sanctions.
18 November 2024
Nigeria asks US Supreme Court to rule on scope of sovereign immunity
Nigeria has asked the US Supreme Court to rule on the scope of sovereign immunity under the New York Convention, as it seeks to resist enforcement of a US$70 million investment treaty award won by a Chinese investor in a free trade zone.
15 November 2024
Swedish court sides with Georgia on MFN clause
The Svea Court of Appeal has ruled that an SCC tribunal lacks jurisdiction to keep hearing an investor-state case against Georgia over the forced sale of a tobacco business, as the most-favoured nation clause of the investment treaty did not enable the parties to substitute the designated arbitral institution, ICSID, with another.
14 November 2024
Singapore court bars submissions by UK silk in enforcement action
A Singapore court has refused to allow an Essex Court silk to make oral submissions on English law relating to US sanctions in proceedings to enforce a US$316 million award.
14 November 2024
Mexico fails to quash NAFTA denial of justice award
A US court has upheld a US$47 million NAFTA award that found Mexico liable for denial of justice – while refusing to allow a Mexican businessman who was found to have committed fraud in the award to intervene in the set-aside proceedings.
12 November 2024
Indian state entity loses French appeal over satellite award
The French Court of Cassation has rejected an appeal by India’s Antrix over the enforcement of a US$1.3 billion ICC award, upholding an earlier ruling that the tribunal was validly constituted under a clause that provided for either ICC or UNCITRAL arbitration.
11 November 2024
Poland challenges treaty award over coal project
UPDATED: Poland has applied to set aside a bilateral investment treaty award requiring it to pay £252 million to an Australian mining company for obstructing a coal project.
11 November 2024
Failed NAFTA claimants accuse Chilean arbitrator of pro-state bias
A group of US oil services investors whose US$270 million NAFTA claim against Mexico was thrown out earlier this year are arguing the award should be set aside because their own appointed arbitrator – Chile’s Andrés Jana – failed to disclose his counsel work for states in various investment arbitrations.
08 November 2024
Ivorian banker’s family lose appeal over Swiss Re award
Relatives of an Ivorian insurance tycoon have lost a final appeal in Paris over a €24 million ICC award arising from an ill-fated partnership with Zurich-based reinsurer Swiss Re.
08 November 2024