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ARTICLE · 11 DECEMBER 2024

Corporate Veil Piercing Remains Powerful Tool In New York-Seated Arbitrations

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In October 2024 an attempt by Egyptian businessman Michel Lakah to set aside a 2018 ICDR award was rejected by the United States District Court for the Southern District of New York ("SDNY")...

GlobalLitigation, Mediation & Arbitration

In October 2024 an attempt by Egyptian businessman Michel Lakah to set aside a 2018 ICDR award was rejected by the United States District Court for the Southern District of New York ("SDNY"), marking what the Respondent creditors hope will be the end of a saga that has dragged on for nearly 20 years. The judge, Loretta A. Preska, also granted long-awaited enforcement motions to Respondents in Switzerland, UAE, and Oman who had initially brought arbitration proceedings in 2006 in response to a default on $100 million in Eurobonds issued by Mr. Lakah's company, Lakah Funding, which he ran with his brother Ramy Lakah. This marks the last in a series of challenges by the brothers to resist being held liable in their personal capacities to arbitration agreements in the bond documents and avoid the application of the corporate veil piercing laws available under the laws of New York where the arbitration was seated.

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