Telecommunications service company obtains DIFC decision rejecting challenge to arbitration award
Client(s) Telecommunications service company
Jones Day is advising a telecommunications service company, for itself and on behalf of a holding company, on its global strategy to enforce a USD$1.6 billion ICC arbitral award ("Award") against a prominent Iraqi businessman, an Iraqi telecommunications company, and a management consultancy. The Award found the award debtors liable for unlawful means conspiracy, as a result of their efforts to corruptly procure a regulatory decision of the Communications and Media Commission of the Republic of Iraq, including by bribery of state officials, which caused loss and damage to the award creditors.
The Dubai International Financial Centre ("DIFC") Court of Appeal handed down its judgment entirely rejecting a challenge to set aside the Award. In its judgment, the DIFC Court of Appeal confirmed, for the first time, that the foreign act of state doctrine forms part of DIFC law, but imposed certain limits on its application.