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Filtered : Annulment and Court Review of Awards

• Singapore court enforces costs award in favour of Laos

  Apr 18, 2024

• Analysis: Svea Court of Appeal sets aside Triodos v. Spain award, on intra-EU grounds

  Apr 16, 2024

• Analysis: Annulment committee in RWE v. Spain sees no manifest excess of powers or failure to state reasons in ECT award that upheld jurisdiction over intra-EU dispute and declined to apply EU law on the merits

  Apr 16, 2024

• Iran’s National Oil Company is ordered to hand over 100 million GBP London property impermissibly transferred to evade payment of award

  Apr 15, 2024

• Paris Court of Appeal rules that individual claimant can attend set-aside hearings

  Apr 11, 2024

• Analysis: UK High Court finds that Libya waived sovereign immunity and orders enforcement against London property held by state

  Apr 10, 2024

• Parties report failure of court-ordered mediation in US set-aside proceedings regarding NAFTA award that held Mexico liable for denial of justice

  Mar 29, 2024

• US court enforces Deutsche Telekom v. India award, finding that FSIA’s arbitrability exception applies; India is not entitled to separate proceedings to air its merits defenses

  Mar 28, 2024

• UK court bars Czech Republic from raising belated challenge to award based on dominant and effective nationality test

  Mar 27, 2024

• US Supreme Court declines to examine evident partiality standard in Panama Canal dispute

  Mar 26, 2024

• Dutch Supreme Court confirms attachment of Russian assets by creditors of Yukos shareholders awards

  Mar 25, 2024

• Analysis: Dutch Advocate General opines that three judgments that upheld treaty awards against Russia should be confirmed, while judgment that failed to engage with material evidence of illegality should be remanded

  Mar 25, 2024

• Dutch Advocate General advises Supreme Court to uphold treaty awards against Russia – with one exception for judgment that failed to sufficiently address Russia’s illegality objection

  Mar 22, 2024

• [Updated with Decision] ICSID ad hoc committee upholds RWE v. Spain award

  Mar 21, 2024

• Tanzanian court enforces ICSID discontinuance order that granted costs to the state

  Mar 19, 2024

• CJEU finds that UK infringed EU law by enforcing Micula v. Romania (1) ICSID award

  Mar 14, 2024

• Pair of awards against city of Lima are upheld at the seat, as US court is unconvinced by corruption allegations and “troubled” by municipality’s decision to lodge criminal proceedings against the arbitrators in pending third case

  Mar 13, 2024

• ICSID updates its background paper on annulment, highlighting latest trends in annulment proceeding and key principles derived from recent case law

  Mar 13, 2024

• UK High Court dismisses bulk of Czech Republic’s bid to set aside Diag Human award; some jurisdictional objections and infra petita allegation will be further addressed in subsequent decision

  Mar 08, 2024

• ICSID chair dismisses challenge to all three committee members in dispute with Oman

  Mar 07, 2024

• French Cour de cassation rejects Democratic Republic of Congo’s challenge to judgment that upheld exequatur of pair of contract awards

  Mar 05, 2024

• Investors in Serbian agriculture venture file for partial annulment of award that only upheld jurisdiction over (and granted damages to) the investment’s ultimate beneficial owner

  Mar 04, 2024

• UK High Court reverses enforcement of purported award against partly state-owned Kuwaiti bank, finding that award and arbitration agreement are pure fabrications

  Feb 29, 2024

• ICSID ad hoc committee is formed to hear Spain’s bid to annul 25 million EUR award

  Feb 29, 2024

• Analysis: ICSID ad hoc committee in Magyar v. Hungary upheld 7 million EUR award, seeing no ground to annul tribunal’s dismissal of intra-EU objection and valuation of claimants’ losses

  Feb 22, 2024

• Paris Court of Appeal allows US assignees of CC/Devas v. India (1) award to intervene in enforcement proceedings

  Feb 21, 2024

• Analysis: In its first decision on enforcement of an ICSID award, Malaysia’s High Court finds that sovereign immunity has no relevance at award recognition stage

  Feb 21, 2024

• [Updated with analysis] Amsterdam Court of Appeals rejects Russia’s latest bid to set aside 50 billion USD Yukos shareholders awards

  Feb 20, 2024

• Spain files for annulment of award that saw tribunal split on legitimate expectations analysis

  Feb 15, 2024

• Revealed: Majority of ad hoc committee sees manifest failure to exercise jurisdiction and contradictory reasons in tribunal’s approach to claim on the merits

  Feb 14, 2024

• Devas affiliates plan to take minimum contacts question to US Supreme Court

  Feb 14, 2024

• US court finds that Zimbabwe’s Mining Development Corporation is an alter ego of the state, allowing enforcement to proceed

  Feb 12, 2024

• ICSID ad hoc committee majority partially annuls Agility v. Iraq award, finding that tribunal failed to exercise jurisdiction and state reasons in dismissing claim on the merits

  Feb 12, 2024

• ICSID annulment committee upholds ECT award in dispute between Spain and Japanese investors

  Feb 09, 2024

• Analysis: In now-public decision, ICSID ad hoc committee rejected bid to annul award that dismissed first Highbury v. Venezuela arbitration for lack of proof of ownership over investment

  Feb 08, 2024

• US court denies en banc rehearing of Devas v. Antrix appeal, upholding minimum contacts requirement under FSIA; dissenters criticize circuit for perpetuating outlier position

  Feb 07, 2024

• In unprecedented ruling, ICSID ad hoc committee hearing mining dispute with Tanzania dismisses most grounds for annulment for being manifestly without legal merit

  Feb 06, 2024

• USA files amicus curiae submission before US appeals court, supporting Spain’s attempts to reverse anti-anti-enforcement injunction and review intra-EU argument at enforcement stage

  Feb 06, 2024

• Paris Court of Appeal upholds ICC award stemming from contract dispute with Eni/Libya joint-venture

  Feb 02, 2024

• Swiss Federal Tribunal upholds award that declined jurisdiction over treaty claims against China

  Feb 01, 2024

• Paris Court of Appeal upholds jurisdictional award in ICC arbitration between Libya and Turkish builder

  Jan 30, 2024

• French court rules that BIT cases lodged by claimant do not amount to waiver of related contract award against Egyptian state-owned entity; previously undisclosed treaty case comes to light

  Jan 29, 2024

• UK High Court temporarily upholds registration of ICSID award against Spain, but final ruling is postponed until Court of Appeal’s decision on intra-EU issue

  Jan 26, 2024

• Yukos shareholders cannot compel Russia’s counsel to hand over allegedly-privileged documents

  Jan 25, 2024

• Analysis: ICSID ad hoc committee in Vestey v. Venezuela upheld 98 million USD award, seeing no ground to annul tribunal’s exercise of jurisdiction and finding of claimant’s ownership of land

  Jan 24, 2024

• Analysis: UK High Court finds that ICSID Convention arbitration in itself is not enough to establish submission or arbitration exceptions to Zimbabwe’s sovereign immunity in UK enforcement proceedings, but immunities are irrelevant at stage of registration of ICSID award

  Jan 23, 2024

• Set-aside proceedings against Heirs of Sulu award are suspended while French Cour de cassation reviews decision to quash enforcement order

  Jan 15, 2024

• Analysis: German Supreme Court confirms enforcement of Deutsche Telekom v. India award, stressing that extra-EU BIT arbitration is compatible with EU law

  Jan 12, 2024

• Svea Court of Appeal sets aside entire ECT award favoring Poland on intra-EU grounds, despite non-EU nationality of one of the claimants

  Jan 11, 2024

• Analysis: ICISD ad hoc committees hearing cross annulment requests in Lone Star v. South Korea continue stay of enforcement, stressing that claimants cannot seek both award’s partial annulment and its enforcement

  Jan 10, 2024

• Turkish investor fails to set aside award that found Libya in breach of BIT but granted no damages

  Jan 10, 2024

• Egyptian investor claims success in bid for annulment of Rule 41(5) award that favored Kuwait

  Jan 04, 2024

• Analysis: In recently released Cementos v. Egypt decision, ICSID ad hoc committee dismisses investor’s request for annulment of award that found breach of effective means provision, but declined to award any damages

  Jan 03, 2024

• Tanzania provides undertaking to pay entire award and abide by annulment committee’s decision to continue stay of enforcement of mining award

  Dec 27, 2023

• UK Court of Appeal declines permission to appeal decision that dismissed requests for security for costs and security for award

  Dec 21, 2023

• Tainted mega-awards against Nigeria will be set aside instead of being remanded to tribunal; claimant is refused permission to appeal

  Dec 21, 2023

• Ukraine’s Naftogaz reportedly obtains recognition of 4.2+ billion USD award against Russia

  Dec 19, 2023

• Analysis: Ad hoc committee in Sodexo v. Hungary found that decision on intra-EU objection was tenable and intelligible, while tribunal was entitled not to reopen proceedings to introduce further evidence

  Dec 19, 2023

• Committees hearing cross annulment requests in Lone Star v. South Korea extend award’s stay of enforcement

  Dec 18, 2023

• Singapore appeal judges find that India is estopped from challenging enforcement of Deutsche Telekom award on grounds that state has previously failed to convince set-aside court

  Dec 15, 2023

• Spanish civil and criminal court proceedings stemming from Heirs of the Sultan of Sulu v. Malaysia arbitration see new developments, as various actors accuse each other of wrongdoings

  Dec 12, 2023

• Commercial court of Montenegro clears way for enforcement of ICC award against municipality of Tivat, ruling on domestic nature of award

  Dec 12, 2023

• US appeals court confirms enforcement of ICSID award against Venezuela, despite committee’s refusal to include Guaido government’s representatives

  Dec 11, 2023

• Looking Back: ICSID ad hoc committee in CMS v. Argentina found that it had the power to impose conditions on award’s stay of enforcement, but saw no need for security in light of state’s written assurances

  Nov 30, 2023

• [Updated] Libya’s Investment Authority lodges BIT arbitration against Belgium in row over frozen funds, while attachment of its assets is lifted in France

  Nov 27, 2023

• US court confirms enforcement of commercial award against Equatorial Guinea, finding that local litigation requirement should be assessed by arbitration tribunal

  Nov 21, 2023

• Analysis: Dutch Advocate General recommends upholding Chevron liability award, finding that it is not materially impossible or disproportionate for Ecuador to prevent enforcement of Lago Agrio judgment; Supreme Court follows suit

  Nov 20, 2023

• US court dismisses Russia’s sovereign immunity defence and confirms subject matter jurisdiction for enforcement of 50 billion USD Yukos award

  Nov 18, 2023

• Dutch Supreme Court dismisses Ecuador’s bid to set aside Chevron v. Ecuador liability award

  Nov 18, 2023

• Australian court grants India leave to appeal decision that rejected the state’s sovereign immunity defence in CC/Devas v. India enforcement proceedings

  Nov 13, 2023

• Analysis: ICSID ad hoc committee hearing Tanzania’s bid to overturn mining award conditions stay of enforcement on state’s undertaking to pay monies owed if annulment application is successful; lifting of stay is also subject to conditions

  Nov 13, 2023

• ICSID ad hoc committee in place to hear bid to annul Sevilla Beheer v. Spain award

  Nov 10, 2023

• French Cour de cassation discontinues appeal in Nurol v. Libya set-aside proceedings

  Nov 07, 2023

• [Updated with Decision] ICSID ad hoc committee in Nachingwea v. Tanzania issues decision on stay of enforcement of 100+ million USD award; outcome is reportedly conditional upon submission of written undertakings by the parties

  Nov 06, 2023

• Paris Court of Appeal partially sets aside Serafin García Armas v. Venezuela UNCITRAL award, insofar as compensation for security deposits was related to tax fraud established in Chilean courts; remainder of damages award and revision decision are upheld

  Nov 03, 2023

• Three are in place to hear cross-requests for partial annulment of Lone Star v. South Korea award

  Nov 02, 2023

• Analysis: Ontario court finds that arbitrator’s undisclosed discussions with respondent regarding his appointments to CPTPP and USMCA rosters created “reasonable apprehension of bias”, but uses its discretion not to set aside Vento v. Mexico NAFTA award

  Nov 01, 2023

• Ontario court declines investor’s bid to set aside Vento v. Mexico award, despite finding that claimant had “reasonable apprehension of bias” with respect to respondent’s appointee

  Oct 31, 2023

• Analysis: Dutch court dismisses India’s application to set aside CC/Devas v. India quantum award, finding that res judicata effect of previous Dutch court decision addressing fraud allegations prevents India from relying on Indian Supreme Court judgment

  Oct 26, 2023

• Analysis: In 2021, The Hague’s Court of Appeal dismissed set-aside proceedings against CC/Devas v. India partial award on jurisdiction and the merits

  Oct 26, 2023

• Three are in place to hear cross-annulment requests in Spanish renewable energy dispute

  Oct 25, 2023

• Dutch court dismisses application for set-aside of Devas v. India quantum award

  Oct 25, 2023

• Analysis: UK High Court finds that mega-award against Nigeria should not be allowed to stand, in view of claimant’s dishonesty during the proceedings; judge muses that transparency may help avoid similar cases

  Oct 25, 2023

• Australian court declines India’s attempt to invoke sovereign immunities in action for enforcement of Devas v. India treaty award

  Oct 24, 2023

• Enforcement of Border Timbers v. Zimbabwe award in the USA is stayed, as US District Court denies motion to certify that Zimbabwe’s appeal against earlier decision on jurisdiction is frivolous

  Oct 24, 2023

• [Updated] UK High Court finds that 11+ billion USD award against Nigeria is tainted by fraud and corruption

  Oct 23, 2023

• UK court declines to summarily dismiss action to set aside Elliott v. South Korea award, according to the state

  Oct 19, 2023

• Analysis: Unpacking reasons why ad hoc committee hearing Bangladeshi gas delivery dispute split on tribunal’s alleged excess of powers, with majority members upholding decision that designation of state-entities can be implicit

  Oct 17, 2023

• Majority of ICSID ad hoc committee members uphold oil contract award against Bangladeshi state entities; dissenter would have found a manifest excess of powers

  Oct 13, 2023

• Cameroon fails to annul ICC award, as Paris Court of Appeal sees no pro-investor bias by chair due to repeat appointment by claimants in ISDS cases

  Oct 09, 2023

• [Updated] Paris Court of Appeal declines to suspend set-aside proceedings in shareholder dispute between Algerian nationals and Chinese state-owned builder

  Oct 09, 2023

• French Cour de cassation declines to discontinue appeals against set-aside judgments that favoured Cyprus and Gabon

  Oct 09, 2023

• France fails to set aside adverse shipwreck award, although UK High Court agrees that arbitrator was not empowered to grant anti-suit injunction

  Oct 06, 2023

• Libya fends off enforcement of three consent awards, as Paris Court of Appeal sees no valid arbitration agreement

  Oct 05, 2023

• Italian builder obtains stay of enforcement of award in favour of Georgia’s Road Department

  Oct 05, 2023

• Canadian court enforces two ICC awards in telecoms dispute with Peruvian Ministry

  Oct 04, 2023

• Paris court dismisses Venezuela’s bid to set aside treaty-based award in dispute with Canadian airline

  Oct 04, 2023

• Paris Court of Appeal finds that “sparse and dated” links between arbitrator and appointing party do not suffice to consider that tribunal was improperly constituted

  Oct 04, 2023

• [Updated] Dutch Advocate General supports attachment of Russian assets by Yukos shareholders

  Oct 03, 2023

• US court opens the way for execution of award against Libyan assets, despite pending set-aside proceedings in France

  Sep 22, 2023