The Court of Justice of the European Union has held that payment of an arbitral award to a non-sanctioned Yemeni state entity can amount to an indirect provision of funds to sanctioned parties even if they do not control the recipient – but the probability of the risk materialising must be sufficiently high to justify prohibiting payment. Sebastian Perry reports. Sophie Bayrou of Clyde & Co is acting for Yemen's Ministry of Oil and Minerals and Yemen Oil and Gas Corporation. Norwegian award debtor DNO is using Isabelle Michou and James Clark of Quinn Emanuel and Jérôme Ortscheidt. https://lnkd.in/ew6vWggE #arbitration #sanctions
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A panel at GAR Live Civil Summit in Madrid concluded that, while there are strong links between arbitration styles in the Nordic countries, now is not the time to establish an arbitral institution for the region. Susannah Moody reports. https://lnkd.in/e6Vcmmmr
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A US court has enforced an ICC award in favour of a US biotech company in a dispute with Swiss pharmaceutical group Novartis over commercial rights to a treatment for an eye disease worth tens of billions of dollars. Genentech used its arbitration counsel Orrick, Herrington & Sutcliffe LLP in the US enforcement proceedings. Novartis turned to Goodwin, which advised it in the ICC proceedings alongside Kirkland & Ellis. Susannah Moody reports. https://lnkd.in/eZjQxCnK #arbitration #novartis #pharma ICC Arbitration
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An Indonesian state-controlled energy provider has settled a US$53 million dispute with a Malaysian oil palm producer over a terminated gas supply contract. Jack Ballantyne reports. https://lnkd.in/esJvKVGX
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Argentina has applied for provisional measures ahead of its arbitration against the UK over planned offshore oil drilling in the south-west Atlantic, in waters close to the disputed archipelago known as the Falkland Islands or Malvinas. Alison Ross reports. https://lnkd.in/e8B-hfFs
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Chiraz Abid, who serves as Tunisia’s delegate to the ICC Commission on Arbitration and ADR, has been promoted to counsel at Paris-based boutique Medici Law firm. Susannah Moody reports. https://lnkd.in/eAABEeJU
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The French Court of Cassation has refused to reinstate an attachment obtained by a Kuwaiti creditor of Libya over assets owned by its sovereign wealth fund, affirming that the fund needed to be notified of the seizure independently from the notice served on the state. The LIA was represented by Gide and Emmanuelle Trichet before the Court of Cassation. Al-Kharafi turned to Alain Bénabent before the Court of Cassation and used TISIAS in the Paris Court of Appeal. Susannah Moody reports. https://lnkd.in/ezsX-B3i #libya #attachment #arbitration #enforcement
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A Luxembourg court has attached assets held by Czech utility ČEZ at the request of a blood plasma company that won an award worth US$750 million against the Czech Republic. Susannah Moody reports. #Czechrepublic #Czechia #arbitration #enforcement https://lnkd.in/esDzBKan
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Italian construction group Webuild has succeeded in disqualifying Philippe Sands KC from hearing its US$150 million ICSID claim against Argentina based on his past representation of the state in cases that concerned the same measures. Webuild is represented in its ICSID case by King & Spalding and Argentine firm Marval O'Farrell, Mairal. Argentina is using government lawyers. Tom Jones reports. https://lnkd.in/eh6ksMFX #argentina #isds #arbitratorchallenge #icsid International Centre for Settlement of Investment Disputes (ICSID)
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A California court has vacated a JAMS award after finding that the arbitrator should have disclosed her participation in an event hosted by the law firm representing the claimants. Tom Jones reports. https://lnkd.in/ertdBs2S