Tom Montagu-Smith KC and Miriam Schmelzer defeat challenge to USD 1.6 billion ICC award in the DIFC Court

On 29 August 2024, the DIFC Court handed down its decision rejecting an application by the award debtor to set aside a USD 1.6 billion ICC award. The application raised novel issues regarding the existence and scope of the act of state doctrine in DIFC law and the Court’s decision provides important clarification on these points. An anonymised version of the decision is expected to be published in due course.

Tom Montagu-Smith KC and Miriam Schmelzer acted for the successful award creditor, instructed by Graham Lovett, Michael Stewart and Emily Kemp of Akin Gump Strauss Hauer & Feld, and John Reynolds, Bader El-Jeaan, Tarek Badawy, Oliver Green and Ismail Lamie of Meysan, together with John Willems and Noor Davies of White & Case.

GAR recently published an article about this case, which can be accessed here.