Dismissal of an application for exequatur on the ground of a fraud against an arbitration award
Two Italian companies, BEG and Enelpower, signed a cooperation agreement for the construction and operation of a hydroelectric power station in Albania. When Enelpower decided not to go ahead with the project, BEG brought claims for compensation before an arbitration tribunal as per the arbitration clause provided for in the contract. These claims were dismissed […]
Clarification of the interplay between the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods and the liability for defective products
The insurer of an Italian company, subrogated to the latter’s rights, sued a French company and its insurer on the basis of the liability for defective and non-compliant food ingredients, which were then to be incorporated by the purchasing company into its own products. In a ruling dated 21 October 2021 (RG 20/04472), the Versailles […]
Sultan of Sulu Case
Several Philippine nationals have initiated ad hoc arbitration proceedings concerning the interpretation and performance of an agreement concluded in 1878 between the Sultan of Sulu and two European explorers. This agreement, described by the claimants as a “lease agreement” and by Malaysia as a “cession of territory and sovereignty“, covered the territories on the north […]
Spain cannot rely on the Achmea and Komstroy decisions to elude enforcement of an ICSID award in the United Kingdom.
In its decision dated 24 May 2023, the High Court of Justice Business and Property Courts Commercial Court (High Court) refused to set aside an arbitral award based on the Energy Charter Treaty (ECT) ordering Spain to pay €120 million to the European investor Infrastructure Services Luxembourg and its subsidiary Energia Termosolar (formerly Antin). The […]