Posts from Morrison Foerster

Micula v Romania: rematch clause activated?

The Micula v Romania world tour continues. In a judgment handed down by the UK Supreme Court on 19 February 2020, the court held that the Miculas were entitled to enforce their ICSID award of approximately US $331 million against Romania, despite the fact that the award remains subject to an ongoing state aid investigation … Continue reading Micula v Romania: rematch clause activated?

Nom nom nom: recent Court of Appeal decision gives food for thought on no oral modification (NOM) clause in arbitration dispute

In the recent decision of Kabab-Ji v Kout Food Group, the English Court of Appeal addressed the question of what law governs an arbitration agreement in the absence of an express provision. It went on to refuse the enforcement of an arbitral award on the basis that the party against whom the award was to … Continue reading Nom nom nom: recent Court of Appeal decision gives food for thought on no oral modification (NOM) clause in arbitration dispute

To disclose or not to disclose? UK Supreme Court hears appeal on arbitrators’ disclosure obligations

In November this year, the UK Supreme Court heard the appeal in the Halliburton v Chubb, which has been the subject of much scrutiny by the arbitration community recently.

Federal Government of Nigeria granted stay of enforcement and leave to appeal in key arbitration case

Quantum of suffering The English High Court recently provided the Federal Government of Nigeria (FGN) some respite in its ongoing dispute with the British Virgin Islands company, Process & Industrial Developments Ltd (P&ID) by granting FGN leave to appeal and a stay on enforcement of the arbitral award made against it in January 2017. Having … Continue reading Federal Government of Nigeria granted stay of enforcement and leave to appeal in key arbitration case

Micula v Romania: an OK (and not a KO) in the latest round of proceedings

In the latest round of the long-running Micula saga, the US District Court for the District of Columbia has confirmed an ICSID award against Romania, entering judgment for approximately US $331 million in an action to enforce the award.