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Analysis: Unpacking the reasons why a Dutch court ordered investors to repay the state if monies are collected under intra-EU award against Spain
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Analysis: ICSID committee declines to annul high-stakes Conoco v. Venezuela award, finding no merit in competing governments’ criticisms of tribunal’s constitution, jurisdictional findings, or rulings on lawfulness and valuation date for expropriation
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US magistrate judge paves the way for enforcement of Lee-Chin v. Dominican Republic ICSID award, rejecting state’s petitions for set-aside and modification
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[Updated with Decision] Amsterdam court orders Dutch companies to pay Spain monies collected under intra-EU ECT award if the award is successfully enforced abroad
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Three are in place to review Morocco’s bid to annul 150-million-USD award
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US court confirms award in Etrak v. Libya, declining to stay the case pending the outcome of enforcement proceedings in other jurisdictions
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Ontario Court of Appeal sets aside Vento v. Mexico NAFTA award, citing appearance of bias of Mexico’s appointee
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Parties file cross-requests for partial annulment of award that found Egypt liable in real estate dispute, but awarded only a fraction of the damages claimed
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Analysis: In Littop v. Ukraine, Svea Court of Appeal finds that denial of benefits objection does not pertain to jurisdiction, rejects idea of implicit legality requirement, and finds that Salini test applies to ECT; judges decline to set aside award and order investors to pay costs
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Svea Court of Appeal upholds Littop v. Ukraine tribunal’s decision to decline jurisdiction, albeit on grounds that differ from arbitrators’ reasoning; Ukraine’s request for arbitration costs is also granted
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US court refuses to stay Antin v. Spain and Cube v. Spain enforcement proceedings pending Supreme Court’s ruling on intra-EU objection
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Analysis: Ad hoc committee hearing snow crab dispute with Norway dismisses respondent’s request for security for costs; claimants’ petition for reapportionment of advances on costs is also rejected
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UK High Court grants Google anti-enforcement injunctions directed against Russian 100 ‘nonillion’ GBP judgments
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Analysis: US court grants default judgment and confirms 12-million-EUR ICC award against Gabon
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Breaking: ICSID ad hoc committee declines to annul 8+ billion USD Conoco v. Venezuela award
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Poland files for set-aside of ECT coal mining award
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Enforcement of Crescent’s 2+ billion USD award against NIOC can go through in the Netherlands, Court of Appeal rules
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Three are in place to hear disappointed investor’s bid to annul ICSID award in power generation dispute with Lebanon
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Revealed: In Rasia v. Armenia, ad hoc committee sees no ground for annulment in tribunal’s interpretation of Armenian statutory limitation provisions that barred applicants’ contractual and umbrella clause claims
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Revealed: ICSID ad hoc committee hearing highway concession dispute with Peru rejects investor’s request for partial annulment of award that only granted a fraction of the damages claimed
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ICSID annulment proceedings directed against award that dismissed claims against Iraq for manifest lack of legal merit are discontinued
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DC court declines Spain’s request to stay proceedings for enforcement of intra-EU ECT award pending decision by US Supreme Court
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Venezuela applies for annulment of 470-million-USD award that upheld jurisdiction despite state’s denunciation of ICSID Convention
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ICSID ad hoc committee rules on expedited objections in high-stakes intra-EU ECT dispute with Spain
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Swiss set-aside proceedings lodged against ICC award in oil dispute with Albania are discontinued
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Analysis: Russian courts grant anti-arbitration injunction against German bank despite absence of pending arbitration proceedings, under threat of 250-million-EUR penalty
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DC District Court stays enforcement of intra-EU award against Poland pending set-aside proceedings
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ICSID ad hoc committee is in place to review second award in dispute between Glencore and Colombia
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Singapore court sets aside award that declined jurisdiction over commercial dispute and reinstates arbitrators to resume the case
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[Updated] Spain discloses intention to bring intra-EU arbitration question before US Supreme Court; DC judges reach opposing conclusions on extension of stay of enforcement proceedings
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Analysis: Russian court finds that ICC arbitration agreement between German bank and Gazprom-affiliate is unenforceable and allows for immediate execution of anti-arbitration, anti-suit, and anti-enforcement injunctions
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Three are in place to hear copper miner’s bid for partial annulment of ICSID award that favored Peru
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Singapore Court of Appeal is unconvinced by allegations of bribery in proceedings to set aside award in favour of Chinese state-owned entity
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Amici curiae weigh in on minimum contacts requirement and due process protection for foreign states in SCOTUS proceedings for enforcement of Devas v. Antrix ICC award
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[Updated with Analysis] France and Spain succeed in gutting equitable compensation from arbitral awards obtained by Prestige’s insurers
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Swedish court seeks CJEU preliminary ruling on interpretation of sanctions regulation that banned claims originating from Russian nationals
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[Updated with Decisions] Revealed: In aviation dispute with Lebanon, ICSID ad hoc committee rejects investor’s annulment bid, upholding tribunal’s findings on quantum against contention that claimant should have been awarded higher amounts
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US Court of Appeals affirms that judicial estoppel does not bar claimant from arguing that PDVSA is Venezuela’s alter ego
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Devas shareholders notch some procedural wins before Québec Court of Appeal, but end of enforcement proceedings remains distant
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Gazprom affiliate secures 95-million-EUR anti-arbitration, anti-suit, and anti-enforcement injunctions against Commerzbank
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Morocco files for partial annulment of still-confidential ICSID award in refinery dispute
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Final award and addendum in Cameroon port dispute follow fate of partial award set aside for improper constitution of arbitration tribunal
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Analysis: Dutch Supreme Court confirms treaty awards against Russia in Privatbank, Naftogaz, and Aeroport Belbek arbitrations; set-aside and revocation claims against Everest Estate awards are remanded to Amsterdam Courts of Appeal on limited matters of evidence and admissibility
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ICSID committee hearing snow crab dispute with Norway grants claimants’ request for continued stay of award’s enforcement, conditional on commitment to pay if award stands; Norway is prohibited from receiving assistance from Wikborg Rein while committee examines conflict of interest concerns
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US appeals court dismisses Spain’s request for en banc rehearing of sovereign immunity and forum non conveniens questions in dispute over enforcement of trio of intra-EU ECT awards
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French judge of first instance grants exequatur to Indian judgment that placed Devas Multimedia into forced liquidation
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French Cour de cassation asks CJEU to weigh in on interpretation of sanctions regime to decide whether Yemeni government is entitled to proceeds from ICC award
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[Updated] Colombia seeks annulment of Telefonica award, and plans to renegotiate arbitration provisions contained in its investment agreements; state’s participation in ICSID Convention may also be rediscussed
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Peru fends off ICSID annulment request by disappointed road builder
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Russia’s Rosatom fails to overturn partial award in nuclear power plant dispute with Finnish state-owned company
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US court refuses to dismiss construction firm’s bid to enforce decade-old ICSID award against Argentina
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[Updated] Gold miner withdraws challenge to Maxi Scherer in ICSID annulment proceedings stemming from high-stakes mining dispute with Romania
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US court finds that it has personal jurisdiction over action for enforcement of ICSID costs award that favored Nicaragua
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US Court of Appeals dismisses Zimbabwe’s immunities-based challenge to enforcement of ICSID awards
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Nigeria asks US Supreme Court to review divided D.C. Circuit opinion on whether the New York Convention abrogates sovereign immunity for de iure imperii acts
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Svea Court of Appeal finds that treaty award wrongly granted access to SCC arbitration through MFN detour
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Analysis: Court of Appeal of Santiago declines to set aside Gente Oil v. Ecuador award, seeing no excess of powers or breach of Chilean public policy
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[Updated] US court dismisses Mexico’s bid to set aside NAFTA award that held the state liable for denial of justice; motion to intervene by individual third party found to be liable of fraud is rejected
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Poland files for set-aside of adverse BIT mining award
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Three are in place to hear individual investor’s bid to annul award that upheld South Korea’s illegality objection
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Greek claimant challenges ICSID award that favoured Lebanon
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[Updated with Decision] ICSID committee dismisses investors’ bid to annul Rasia v. Armenia award
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Billion-dollar Devas v. Antrix award can be enforced in France, Cour de cassation rules
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[Updated] French cassation court confirms refusal to enforce Sulu Heirs v. Malaysia jurisdictional award
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Disappointed claimants seek US discovery in support of bid to set aside NAFTA award that favoured Mexico, claiming their tribunal appointee failed to disclose pro-state bias
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Svea Court of Appeal rejects Ukraine’s bid for set-aside of jurisdictional award in VEB v. Ukraine, finding no evidence that BIT excludes state bodies from its definition of “investor”
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[Updated] Kyrgyzstan agrees to settle long-running dispute over enforcement of 2009 hotel investment award
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Investors file for annulment of award that upheld Colombia’s essential security interest defense
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The Hague Court of Appeal rejects objection to court fees in WCV World Capital Ventures v. Czech Republic set-aside proceedings
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The Hague Court of Appeal dismisses Russia’s challenge to court fees for set-aside proceedings in Naftogaz v. Russia dispute
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German court declines to enforce costs award in favor of Czech Republic due to intra-EU nature of underlying treaty dispute
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[Updated] Portugal’s state-backed fund settles trio of banking arbitrations
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Analysis: Russian court confirms exclusive jurisdiction over dispute involving sanctioned Gazprom affiliate and German bank, finding that ability of Russian company to secure protection in foreign-seated proceedings is “substantially limited”
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Ukraine’s Naftogaz freezes Russian state-owned assets in Finland to enforce UNCITRAL award that found unlawful expropriation of assets in Crimea
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[Updated] US court holds Bangladesh and two government officials in contempt in relation to asset discovery for enforcement of decades-old ICC awards
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Three are in place to hear Georgia’s bid to annul telecoms award
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Paraguay announces partial set-aside of award stemming from construction contract with Portuguese company
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Analysis: UK appeals court finds that ICSID Convention states cannot rely on their sovereign immunities to oppose registration of ICSID awards
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Breaking: UK Court of Appeal rules that sovereign immunities defence is not available to oppose registration of ICSID awards, dealing blow to Spain and Zimbabwe
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Three are in place to hear Peru’s bid for partial annulment of ICSID award in dispute with electricity distribution investors
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[Updated] French Cour de cassation overturns enforcement of treaty award against Libya
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Rockhopper secures insurance policy against potential annulment of ICSID award in ECT dispute with Italy
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Bolivia claims victory in post-award proceedings relating to contract for purchase of wheat
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Cyprus successfully defends against set-aside of treaty award stemming from banking dispute
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French court stays enforcement of award in favour of Georgian state body, but refuses to stay set-aside proceedings
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Claimant’s appeal against judgment that upheld award in favour of Libya’s national oil company is discontinued
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ICSID ad hoc committee is formed to hear Gabriel Resources’ bid to annul award that dismissed its multi-billion-dollar mining claim against Romania
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Paris Court of Appeal overturns enforcement of 279 million EUR arbitration award against Libya, finding that the state was deprived of its right to be heard through default proceedings
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[Updated] Analysis: Russian court enforces SIAC award against Vietnamese state-owned entity, seeing no public policy violation
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US Supreme Court decides to examine minimum contacts question in battle for enforcement of billion-dollar Devas v. Antrix ICC award
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EU Court rules that European Commission can enjoin Romania from honouring ICSID award secured by Micula brothers
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ICSID ad hoc committee reportedly dismisses Spain’s request for annulment of solar energy award
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Swiss Federal Tribunal upholds wastewater treatment award in ICC dispute with Montenegrin municipality
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Special Master selects Elliott affiliate as buyer for CITGO in proceedings involving enforcement of multiple arbitration awards against Venezuela
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[Updated] US court enforces JGC v. Spain ECT award, finding that ICSID award is entitled to full faith and credit, and doctrines of act of state, forum non conveniens and comity do not apply
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Bolivia fails to set aside treaty award in favour of Spanish bank before Dutch courts
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US court grants default judgment for enforcement of arbitral awards against Peru, but rejects petition for default judgment against Peruvian state entity with separate legal personality
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Argentinian court issues anti-suit injunction directed against ICC arbitration lodged by highway investor
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Analysis: US court grants costs for enforcement proceedings in GPGC v. Ghana, pointing to parties’ agreement and criticizing Ghana’s default
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