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. [...]

Paris Court of Appeal, 9 May 2018, Commissions Import Export (Commisimpex) v. Republic of Congo and Air France, no. 17/06024

By two arbitral awards dated 3 December 2000 and 21 January 2013, the Democratic Republic of the Congo was ordered to pay to the company Commisimpex (“Commisimpex”) the total amount of 986,000,000.00 euros (respectively 232,000,000.00 and 754,000,000.00 euros). The enforceability of these awards had been recognized in France. By order dated 14 November 2016, Commisimpex [...]

Versailles Court of Appeal, 6 April 2018, Syndicat Mixte des aéroports de Charente (SMAC) v. Ryanair Designated Activity Company and Airport Marketing Services, no. 17/03565

SMAC, a public company, concluded two contracts with Ryanair Limited and Airport Marketing Services Limited (AMS), two Ireland based companies. These contracts related to the opening of an air route between Angouleme and London and advertising services. Both contracts contained an LCIA arbitration clause. A dispute being arisen between the parties, Ryanair Limited and AMS [...]

United States District Court, District of Columbia, 22 March 2018, Balkan Energy Limited v. The Republic of Ghana, no. 17-cv-005582 (APM)

On 22 March 2018, the District Court confirmed an arbitral award in favor of Balkan Energy Limited and dismissed Ghana’s objections in seeking to oppose the award’s enforcement. The arbitral tribunal had awarded more 11.75 million dollars in damages for the breach of a Power Purchase Agreement on the grounds that the company had legitimate [...]

US District Court for the District of Columbia, 1 March 2018, Rusoro Mining Limited v Venezuela, 16-cv-02020

The District Court confirms the award, rendered in arbitration under the Canada-Venezuela bilateral investment treaty (the “BIT”). In 2016 Rusoro, a Canadian company, obtained a USD 967 million award after having been deprived by Venezuela of its gold mining interests in twenty-four Venezuelan companies. Venezuela moved to annul the award in the state of the [...]

Paris Court of Appeal, 13 February 2018, Strube GmbH & Co.KG v. Sesvanderhave SA/NV, no. 15/17137

The Paris Court of Appeal reversed an order for enforcement award, dated on the 11 June 2015, citing article 1520, 3° and 4° of the Code of civil procedure. In addition to sentencing Strube to pay overdue charges and damages under the contract, the Tribunal also ordered Sesvanderhave to grant Strube, upon request, a non-exclusive [...]

2018-03-04T22:06:46+00:00 February 13th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

Appellate Division of the New York Supreme Court, 8 February 2018, AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A., no. 152679/14 3306

The Supreme Court dismissed a motion for summary judgment for recognition and enforcement of a foreign country judgment as the plaintiff failed to prove the court’s jurisdiction over the proceedings. The judgement was preceded by an arbitration award. The award dismissed the claim for a breach of contract by an Italian company for the construction [...]

Paris Court of Appeal, 1 February 2018, Marc K. v. Frédéric T., no. 16/15375

The winning party of the arbitration made attachments on the basis of the award. The other party tries to challenge before the Court the existence of the enforceable title. The Court held that the absence of the terms of payment in the award did not matter, given the informal nature of this type of decision [...]

2018-03-04T21:56:04+00:00 February 1st, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

Paris Court of Appeal, 24 January 2018, Congo v. Commisimpex, no. 17/13173 & no. 17/09485, procedural orders

By two ICC awards Congo was ordered to pay various sums to Commisimpex. Commisimpex requested therefore an attachment of the tax debt that EDF Africa Services (French company), owed the Republic of Congo. Congo brought proceedings before the execution judge to obtain the nullity and release of the attachment. The request was rejected. Congo appealed [...]

2018-02-18T20:34:45+00:00 January 24th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

High Court of Justice, 20 December 2017, UMS Holding Limited, Energy Standard Fund Limited, Energy Standard Industries v. Great Station Properties SA and Inter Growth Investments Limited, [2017] EWHC 3330

The High Court of Justice issued a worldwide freezing order to facilitate the enforcement of an arbitration award. The companies indirectly controlled by the losing party were transferring assets and diverting profits to avoid the payment of the award. Initially, the real risk of dissipation was established by the tribunal. Following this finding, the risk [...]