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Annulment and Court Review of Awards

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Recent articles

  Caribbean Court set to review Belizean court finding on invalidity of Belize’s arbitration law; enforcement of arbitral awards hangs in balance
  Panelists confirmed for ICSID claim against Montenegro and Deutsche Bank v. Sri Lanka annulment
  Newly unearthed decision records reasons for rejection of bid to disqualify counsel in Fraport v. Philippines arbitration
  Honduras seeks annulment of arbitral award rendered in 2012 in favour of Spanish construction company
  ICSID annulment notes: Sri Lanka seeks to overturn award in favour of Deutsche Bank; panelists named to hear Daimler’s challenge to Argentine verdict
  Payment of awards update: new reporting on arbitral debts of the Dominican Republic and Mexico
  ICSID Annulment Committee selected to hear Argentina’s bid to annul $200 million arbitral award in EDF electricity dispute
  Three panelists named to decide fate of billion dollar arbitral award from Occidental v. Ecuador case
  Major new wrinkle in long-running enforcement battle as award against Laos is reportedly vacated in Malaysian Court
  Dispute over title to landholdings in Croatia leads to investment arbitration; government has faced, and prevailed in, two other treaty claims
  With partial annulment of Pey Casado v. Chile award, the door opens again for further arguments in ICSID’s longest-running case
  Personnel picked for several ICSID annulment committees; Philip Morris v. Australia case leads to resignation of a pair of arbitrators
  UK Court orders Republic of Laos to post $70 million while legal fight continues over unpaid arbitral award
  Swiss lawyer, Gabrielle Kaufmann-Kohler not seeing tail-off in investment treaty appointments in aftermath of bruising 2010 ICSID incident
  Oil company seeks annulment of (now-public) ICSID award in billion dollar claim against Kazakhstan
  New York Court declines to bar Bank of America subsidiary from pursuing (again) confirmation of CMS v. Argentina award
  Dissent by Brigitte Stern offers possible blueprint for Ecuador’s bid to annul several holdings in Occidental award
  ICSID Annulment Committee weighs in with a ruling on Security for Costs in El Salvador mining case
  ICSID Tribunal Selections: Arbitrators picked for Hungary, Egypt and Equatorial Guinea disputes and Paraguay annulment proceeding
  Noose tightens on Thailand as Swiss Court declines to set aside a still-unpaid 2009 BIT award
  Several arbitration industry interests weigh in with support for BG’s effort to overturn vacature of $185 million Argentine award
  Canadian court declines to vacate recognition of ICSID award, and raises eyebrow at quality of justice available in Kyrgyzstan
  Panama seeks to collect costs after foreign investors abandon their treaty claims
  AES fails in bid to annul arbitral award, but Hungary faces two more pending claims arising out of power-purchase fracas
  ICSID picks three to review El Paso v. Argentina award
  German Court rejects Slovak Republic’s suggestion that arbitrators were wrong to find jurisdiction over intra-EU investment treaty dispute
  Arbitral victory in Yukos case slowly unraveling as U.S. hedge fund declines to spend more money defending arbitral award from Russian attack
  ANALYSIS: Amidst thicket of Thai and Indonesian investment laws, confusion as to admission requirements found in some Southeast Asian investment treaties
  ICSID Round-Up: Argentina bondholders tribunal reconstituted, Hungary tribunal picked, and two new annulment panels chosen
  U.S. Appeals Court rules that lower court should not have stayed award enforcement proceedings in Belize dispute
  ANALYSIS: Latest split amongst ICSID arbitrators over Argentina’s necessity defense reflects wider chasm; role of “state practice” in treaty interpretation also studied
  U.S. Court tears up $185+ Million award due to failure of arbitrators to respect treaty’s call for 18 months of local litigation in Argentina
  Panels selected in ICSID matters involving Moldova, Egypt, and the Central African Republic
  BRIEFLY NOTED: Arbitrator resigns after sharp dissent in ICSID case; Peru and Argentina each move to annul awards at ICSID
  ICSID Round-up: Arbitrators named in cases against Poland, Kazakhstan and Egypt; annulment committee picked in Ukraine case
  ICSID to prepare “background paper” on annulment process, following request by Philippines; German investor criticizes effort by Philippines
  Mexico loses bid to set aside NAFTA arbitration award in Canadian appeals court
  Thailand comes out swinging in fight over non-payment of BIT arbitral award; government alleges that minority shareholder in highway project had contract obligation to not sue under treaty
  Challenge to member of ICSID ad-hoc committee presiding in Panama energy dispute is rejected by his colleagues
  As ICSID member-states prepare to convene for annual meeting, functioning of annulment process is put on the agenda
  Arbitral award in Argentine financial crisis case will stand; government obliged to pay modest sum to U.S. insurance company
  Togo fails to overturn ICSID arbitral award; damages owed to French electricity investors amount to 12% of state revenue
  Efforts to set-aside intra-EU BIT award likely to be abandoned, as Czech government claims victory in arbitration
  Tribunal picked to hear Peruvian electricity dispute; Ukrainian radio tenders case moves to annulment phase
  ANALYSIS: In battle over $100 Million award, spotlight shifts to opaque state-to-state arbitration over treaty meaning
  Final damages ruling comes in much lower than Chevron had hoped, but Ecuador still adamant that arbitrators overstepped their bounds in substituting for local courts
  ICSID panelists named in annulment cases involving El Salvador and Egypt, and in arbitration arising out of Niger airport services dispute
  ICSID annulment proceeding is discontinued in Jordan construction case, as third-party funding is again flagged
  Ecuador initiates unusual state-to-state arbitration against United States in bid to clarify scope of investment treaty obligation
  Lithuania denies access to arbitral award rendered in arbitration brought by Russian entity
  New panel picked to hear resubmitted claim by Enron creditors against Argentina
  Investor in Egypt moves to annul unfavourable arbitral award in dispute over canceled airport construction project
  Unpublished discussion paper gives overview of European Commission trade department's recent thinking on foreign investment dispute settlement
  ICSID annulment case discontinued and investor ordered to reimburse government for its legal costs; panel affirms that third-party funding should not affect costs recovery
  ANALYSIS: Tribunal ruling in GEA v Ukraine offers contrast to earlier ICSID arbitration where non-enforcement of arbitral award was at issue
  Fraport files new claim at ICSID over expropriation of airport terminal project; Annulment committee ruling paved way for new hearing by finding breach of investor's right to be heard
  ANALYSIS: ICSID Committee rejects bid to annul award in Peruvian energy tax stabilization dispute
  ICSID panels convened in disputes over Uruguay’s tobacco policies, Venezuelan airport concession, Polish health-care venture, and Hungarian energy investment
  U.S. Court opens door to discovery of Laos government assets as enforcement of arbitral award is pursued
  Decision is published in Fraport v. Philippines airport dispute
 
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