Arbitration Links - Linklaters
  • Year: 2018
  • Month: July
  • Jurisdiction: India

Enforcement of specific performance awards against sovereign states

12 July 2018 Akshay Sewlikar, India; North America


A decision of the United States (the “US”) District Court for the District of Columbia (the “Court”) has brought issues around enforcing awards of specific performance into the spotlight. The Court refused to enforce a UNCITRAL award for specific performance obtained by Scottish oil and gas company, Hardy Exploration and Production (India) (“HEPI”), against the Government of India (“GoI”) as being contrary to public policy. This case is the latest in a long-running series of oil disputes involving the GoI, which has been involved in arbitrations relating to 22 out of its 310 production sharing contracts between 2001 and 2015.

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