ICSID, 22 August 2018, Standard Chartered Bank (Hong Kong) Ltd. v. Tanzania Electric Supply Company Ltd. (TANESCO), ICSID Case No. ARB/10/20, Decision on the Application for Annulment

Upon the request of Tanzania Electric Supply Company Limited (TANESCO or “Respondent”), an electricity supply company designated as an agency of the Republic of Tanzania pursuant to Article 25(1) of the ICSID Convention, on 22 August 2018, an ICSID ad hoc committee issued a decision on annulment of an arbitral award dated 12 September 2016. [...]

2018-09-08T21:08:20+00:00 August 22nd, 2018|ICSID, International awards|0 Comments

England and Wales Court of Appeal, 10 August 2018, Anatolie Stati, Gabriel Stati, Ascom Group S.A. and Terra Raf Trans Traiding Limited v. The Republic of Kazakhstan, [2018] EWCA Civ 1896

On 19 December 2013, an SCC arbitral tribunal issued an award in favour of Anatolie Stati, Gabriel Stati, Ascom Group S.A. and Terra Raf Trans Traiding Limited (“Appellants”). By this award, a violation by the Republic of Kazakhstan (“Defendant”) of the fair and equitable treatment standard set up in the European Charter Treaty was characterized. [...]

Texas Court of Appeals, Third District, 8 August 2018, Dixie Equipment, LLC and Dixie Turbine Services, LLC v. Energia de Ramos, S.A.P.I de C.V. f/k/a Deacero Power S.A.P.O de C.V.

Dixie Equipment, LLC and Dixie Turbine Services, LLC (“Appellants”) and Energia de Ramos, S.A.P.I de C.V.f/k/a Deacero Power S.A.P.I de C.V (“Respondent”) entered into two agreements in 2012 and 2013 dealing with the construction of a power plant in Mexico. Both of these contracts contained an arbitration clause. After the disputes arose between the parties, [...]

Swiss Federal tribunal, 1st Court of civil law, 26 July 2018, X. v. Y, 4A_404/2017

The dispute was related to the successive transfer of company Z’s shares from company U to company X, and from company X to company Y. Regarding the first transfer, the share transfer agreement provided that the original vendor (the U company) would remain in charge of disputes relating to funds transferred abroad (offshore) and that [...]

Swiss Federal tribunal, 1st Court of civil law, 20 July 2018, X. v. Z. Ltd, 4A_578/2017

Following the persistent delay of a football club in the payment of wages to a player, the latter gave notice to the club to pay him the amounts due, then proceeded to the unilateral termination of the employment contract. The next day, the club paid the amounts due and ordered the player to attend training. [...]

Swiss Federal tribunal, 1st Court of civil law, 4 July 2018, X. S.P.A. v. Z. GmbH & Co, 4A_505/2017

A subcontract was concluded on behalf of a German contracting authority between a contractor, the Italian company X (“Claimant”) and a subcontractor, the German company Z (“Respondent”). Following a disagreement between the parties, the dispute was submitted to an arbitral tribunal under the auspices of the ICC, which ordered the plaintiff to pay the due [...]

United States Court of Appeal for the District of Columbia, 3 July 2018, The Republic of Argentina v. AWG Group Ltd, no. 16-7134

A US Court of Appeals upholds a district court’s decision to enforce a US$21 million UNCITRAL award against Argentina. In 1993, Argentina awarded a contract to a consortium of seven companies, including AWG Group which provided for investment in and operation of Argentina’s water services. In response to the 2001 economic crisis, Argentina froze the [...]

Swiss Federal Tribunal, 1st Court of civil law, 25 June 2018, X. Club v. A. et Z. Club, 4A_502/2017

A footballer was hired by a Saudi club immediately after being fired without reasonable ground by his former Egyptian club. The Dispute Resolution Chamber of the International Federation of Football Association issued a decision that was appealed by both the former football club and the footballer. In an award dated 11 July 2017 rejecting the [...]

United States District Court for the Southern District of Florida, 18 June 2018, Grupo Unidos Por El Canal, S.A. and Sacyr, S.A. v. Autoridad del Canal de Panama, no. 17-23996-Civ-Scola

Claimants, Grupo Unidos Por El Canal, S.A. (“GUPC”) and Sacyr, S.A. initiated an action requesting that the Court annul a final arbitral award. The underlying dispute arose in connection with a construction project in the Panama Canal. GUPC is the contractor, and Sacyr is one of GUPC’s shareholders. The dispute involved significant time delays and [...]