This highlights the important issues surrounding the role of national courts in supporting investment treaty arbitration proceedings and the enforcement of
investment arbitration awards.
Hughes Hubbard & Reed helped British energy company BG Group win a big victory when the U.S. Supreme Court refused to give Argentina another chance to contest a $ 185 million
investment arbitration award.
Hogan Lovells partners Nathan Searle and Kent Phillips examine a recent case, the first of its kind in Singapore, in which that country's High Court set aside
an investment arbitration award.
Not exact matches
In particular, while the 1945 UN Charter and the UN Convention on the Law of the Sea acknowledged and promoted interstate
arbitration, the New York and the Washington conventions consecrated the principle of recognition and enforcement of arbitral
awards with regards to international trade and
investment.
In addition to having been instructed in major
arbitrations, such as the Bermudan - based
arbitration relating to the reinsurance of Arthur Andersen following the collapse of Enron and WorldCom, and Elektrim SA's long running dispute with Vivendi Universal over Polish telecommunications, he has particular expertise in relation to inter relief applications to the Court in relation to heavy
arbitrations such as ETI Euro Telecom V Republic of Bolivia [2008](no pre-emptive relief in aid of an ICSID
arbitration); Elektrim SA v Vivendi [2007] 1 Lloyd's Rep 693 (s. 68 of AA 1996 and
awards obtained by fraud); Elektrim v Vivendi [2007] 2 Lloyd's Rep 8 (injunction to restrain
arbitration continuing) Telenor East Holding II AS v Altimo Holdings &
Investments Ltd (multi-billion dollar shareholder dispute — interim injunction under s. 44 of the AA 1996); Steadfast v Baker Hughes (s. 9 (3) step in the action preventing a stay in favour of
arbitration) and enforcement of arbitral
awards (Yukos v Rosneft: US$ 500m and Yukos v Russian Federation US$ 50 billion.
Securing a $ 380m
award for Burlington Resources, Inc. (ConocoPhillips) in an ICSID contractual and
investment treaty
arbitration against Ecuador following Ecuador's imposition of royalties on extraordinary revenues, and reducing Ecuador's $ 2bn environmental counterclaim to an
award of $ 40m in its favor.
The suit was brought by a so - called «vulture fund»
investment company — FG Hemisphere Associates — against the DRC for failure to pay an
arbitration award the company won for its involvement in financing of a power facility in the territory.
During the UNCITRAL colloquium on PPPs in 2014, for example, participants questioned the suitability of utilizing international
arbitration for PPP - related disputes, mainly because of the «multiple
investment treaties, multiple international
arbitration forums, cases and rulings, and the poor enforcement of international arbitral
awards».
The Washington - based tribunal issued a unanimous
award to Crystallex worth $ 1.386 billion ($ 1.2 billion for the value of Crystallex's
investment in Las Cristinas plus interest), one of the largest
awards in the history of
investment treaty
arbitration.
Representing Total in an ICSID
arbitration against Argentina in connection with its
investments in exploration and production, electricity generation and gas transportation pursuant to the France — Argentina bilateral
investment treaty, resulting in an
award of $ 270m, the largest ever issued against Argentina.
Because
investment awards, unlike their commercial
arbitration counterparts, regularly become public, they develop into focal points that are invoked by counsel and used in the reasoning of arbitrators.
The SALI Club will look to explore the legal landscape and in particular consider the use and effectiveness of International
Investment Agreements («IIAs»), in particular, Bilateral
Investment Treaties («BITs») executed between Asian and African States giving investors the ability to obtain
arbitration awards which may be enforced against state assets.
This means that intra-EU
investment arbitration can survive only to the extent that (i) arbitrators are willing to disregard the implications of EU law incompatibility on their jurisdiction, (ii)
arbitration is seated and
awards enforced outside the EU, and (iii) national courts in non-EU jurisdictions are willing to defy the CJEU's ruling.
Obtained
award in favor of
investment manager after a week - long
arbitration in which an ERISA plan sought millions in damages on claims alleging that the manager breached fiduciary duties and committed professional malpractice.
Acting for a US - based
investment fund enforcing a London
arbitration award in Tanzania resulting in payment
Join us to discuss (a) the enforcement of English judgements and arbitral
awards in Russia / CIS and vice versa (b) statute of limitations issues arising in CIS jurisdictions and (c) recent trends in
investment arbitrations involving CIS states and CIS investors.
representing an international oil company in an AAA / ICDR commercial
arbitration (New York seat) relating to rights and remedies pursuant to an agreement governed by New York law to share costs and monetary
awards of
investment arbitration against a South American state (claim US$ 500 million)
Obtaining a $ 967m
award for Canadian gold mining company Rusoro Mining in an ICSID bilateral
investment treaty
arbitration against Venezuela.
Argentina has agreed a settlement relating to five
investment treaty
arbitration awards, made between 2005 and 2008, pursuant to which it was ordered to pay a total of over US$ 450 million plus interest.
She was
awarded the Richard S. Goldsmith prize for her writing on
investment treaty
arbitration.
Concerns have also been raised about the absence of a system of binding precedent, inconsistencies in decision - making, the cost and time involved in
investment arbitration, lack of transparency and the very narrow grounds on which arbitral
awards can be challenged.