The importance of building a strong <\/span>enforcement<\/span><\/a> strategy in international arbitration has been highlighted recently when oil and gas investors successfully sought enforcement <\/span>of <\/span>a <\/span>US$540 million <\/span>arbitral award<\/span><\/a> against the Republic of Kazakhstan in carefully selected jurisdictions. The case <\/span>Ascom<\/span><\/i> Group S.A., <\/span><\/i>Anatolie<\/span><\/i> Stati<\/span><\/i>, Gabriel <\/span><\/i>Stati<\/span><\/i>, and Terra Raf Trans <\/span><\/i>Traiding<\/span><\/i> Ltd. v. Republic of Kazakhstan<\/span><\/i><\/a> (<\/span>“<\/span>Stati<\/span><\/b> case<\/span><\/b>“<\/span>) is a complex global case giving rise to enforcement proceedings in jurisdictions including the United Kingdom, the United States, Sweden, the Netherlands, Belgium, Luxembourg<\/span>,<\/span> and Italy<\/span>. It is<\/span> also <\/span>the first <\/span>case <\/span>to give rise to a virtual trial in the English High Court to be broadcast on Youtube<\/span>. <\/span> <\/span><\/p>\n Representing the investors, the leading law firm <\/span>King & Spalding<\/span><\/a> (K&S),<\/span> which also successfully intervened in other high<\/span>–<\/span>profile cases this year and placed itself at the top of <\/span>the 2020 <\/span>GAR 30 rankings, stood out once again for its insightful strategy and expertise. <\/span> <\/span><\/p>\n Among the anticipated cases of the year, the firm has <\/span>been representing<\/span> Chevron<\/span> in a <\/span>series of wins<\/span><\/a> against Ecuador<\/span> on the grounds of<\/span> denial of justice<\/span><\/a> in various countries like Brazil, Canada, Gibraltar, the Hague & the USA \u2013 where the judgment was not enforced for being<\/span> a product of f<\/span>raud<\/span>. <\/span>In July 2020, the<\/span> firm secured <\/span>a <\/span>win<\/span><\/a> in Argentina<\/span> when t<\/span>he Supreme Court refused to enforce a US$9.5 billion judgment against Chevron <\/span>relating to environmental pollution in the Amazon<\/span>.<\/span> <\/span><\/p>\n King & Spalding<\/span> is also known for <\/span>its<\/span> impressive <\/span>win<\/span><\/a> for Spanish energy company Uni\u00f3n <\/span>Fenosa<\/span> Gas, represented by <\/span>the firm<\/span> in an <\/span>ICSID claim<\/span> against Egypt<\/span>. The <\/span>S<\/span>tate was ordered to pay US$2.2 billion for <\/span>cutting back <\/span>gas supplies to a liquefied natural gas plant, <\/span>following the rejection of<\/span> Egypt<\/span>‘<\/span>s allegations of corruption against the <\/span>investors<\/span>. <\/span>\u202f<\/span>Eventually<\/span>,<\/span> in early 2020, a settlement was reached with <\/span>Egypt <\/span>in which the State<\/span> agreed to make a cash payment of<\/span> US<\/span>$395 million to the <\/span>Uni\u00f3n <\/span>Fenosa<\/span> Gas <\/span>a<\/span>s well as <\/span>US$399 million to the plant<\/span>‘<\/span>s lenders.<\/span><\/p>\n This month, Jus Mundi is therefore pleased to bring light on the law firm and its team & an interview with Amy Roebuck Frey, Partner in Paris.<\/span><\/p>\n Key facts of the cases and legal rationale<\/u><\/strong><\/p>\n The Stati case<\/u><\/strong><\/em><\/p>\n The Netherlands <\/strong><\/p>\n\n
\n