Jurisdiction(s):
United Kingdom

US court refuses to set aside ICDR award in Madagascar power dispute, rejecting RW Chelsea and Symbion challenges over evidence, fees and Mauritian AML law; Vision Indian Ocean to enforce

Published on: 08 December 2025

Published by a Law360 reporter

Legal News

Article summary

On 1 December 2025, US District Judge Dale E. Ho ruled that arbitrator Tina Cicchetti had indeed considered the contested materials: an expert analysis of Mauritian anti-money laundering legislation and evidence that the project counterparty, Vision Indian Ocean SA, had purportedly removed Symbion from project management. Judge Ho observed that Symbion and RW Chelsea effectively conceded this by pointing to portions of the award where Cicchetti recognised both categories of evidence. A Symbion spokesperson said RW Chelsea, previously Symbian Energy Holdings Ltd, has exited its investment in Symbion and agreed to indemnify it in relation to the arbitral award. The spokesperson added that Symbion no longer has any involvement with the Mandroseza Power plant. Symbion and RW Chelsea further alleged misconduct by Cicchetti for rejecting their contention that Vision Indian Ocean had mounted 'abusive' proceedings before a Malagasy anti-corruption court. Yet, mirroring the other items they say were ignored, the judge noted that Symbion and RW Chelsea themselves accepted the arbitrator had addressed this issue in the award...

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