Arbitration Links - Linklaters
  • Topic: Enforcement

Delhi High Court rejects RBI’s intervention in arbitration proceedings to which it is not a party

21 September 2017 Ben Carroll, India

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In April 2017, the Delhi High Court made a decision in the much-publicised dispute between Tata Sons Ltd. (“Tata”) and NTT Docomo Inc. (“Docomo”). The period for an appeal to be made lapsed at the end of July 2017 and the judgment is expected to be a shot in arm for investment in India for it answers some of the objections raised by the Reserve Bank of India (“RBI”), India’s Central Bank, on the enforcement of an arbitral award involving the outflow of money from India to non-resident entities as damages.

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English court allows challenge to New York Convention award based on contravention of public policy arising from fraud

12 July 2017 Joanne Finnegan, England & Wales

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The High Court has allowed a claim that a New York Convention award was obtained by fraud to go to trial, even though it was upheld by the seat's courts.

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Luxembourg court of appeal refuses enforcement of annulled Pemex award

08 June 2017 Katrien Baetens, Europe; Luxembourg

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In a judgment dated 27 April 2017, the Luxembourg Court of Appeal has confirmed its earlier jurisprudence by refusing the enforcement of a US$300 million ICC award against the Mexican state oil and gas company Pemex that was set aside at the seat of arbitration.

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U.S. Appeals Court rejects conflict-of-interest challenge to London award

08 May 2017 John Akin; Adam Lurie, North America; United States of America

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In a March 31 decision, the U.S. Court of Appeals for the D.C. Circuit affirmed a lower court’s decision to confirm an $18.5 million arbitral award entered by a London tribunal in favor of the Belize Bank Ltd. (“the Bank”), rejecting an argument from the government of Belize (“Belize”) that an arbitrator’s alleged conflict of interest violates U.S. public policy. The decision affirms the principle that barristers in the same English chambers—unlike lawyers in an American law firm—are presumed to be independent practitioners.

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UK Supreme Court on security and challenging enforcement of arbitral awards

20 April 2017 Rebecca James, England & Wales; Europe

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The UK Supreme Court has recently overturned a ruling of the Court of Appeal which effectively required the Nigerian National Petroleum Corporation (“NNPC”) to provide security as a condition to challenging the enforcement of an award on public policy grounds pursuant to section 103(3) of the Arbitration Act 1996 (the “Arbitration Act).  This decision represents the latest development in a long-running legal saga involving protracted proceedings to challenge the award in Nigeria as well as enforcement proceedings in England.

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Micula brothers’ ICSID award stayed in the UK following the European Commission state aid decision

17 March 2017 Duncan Hedar, England & Wales; Europe

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Following an application by Romania and the European Commission (as intervener), the English High Court has stayed enforcement of an ICSID award in favour of Swedish business magnates the Micula brothers.  The case will be determined following the decision of the General Court of the European Union in connected proceedings brought by the Micula brothers to annul the Commission’s determination that the payment of the ICSID award by Romania would amount to illegal State aid.    The case raises important questions about the effectiveness of ICSID awards in circumstances where the awards clash with Member States’ obligations under EU law.

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