Arbitration Notes
Tag: challenge to award
Showing 24 out of 28 results
English High Court refuses to set aside order for enforcement under s103 in long-running dispute regarding ICC award
The English High Court has refused an application under s.103 of the Arbitration Act 1996 ("AA 1996") to set-aside an order allowing for the enforcement …
English High Court grants an anti-suit injunction and confirms that the choice of arbitral seat is "analogous to an exclusive jurisdiction clause"
In Atlas Power v National Transmission and Despatch Company Ltd [2018] EWHC 1052 the English High Court granted a final anti-suit injunction to …
High Court confirms UNCITRAL Tribunal Award on jurisdiction
The High Court has confirmed an UNCITRAL Tribunal's Award on Jurisdiction, which rejected jurisdiction under an investment contract (Contract) and the …
Staying above the fray: Singapore High Court sets aside arbitral award on basis of breach of natural justice
In JVL Agro Industries Ltd v Agritrade International Pte Ltd, the Singapore High Court set aside an arbitral award on the grounds that the tribunal, in …
Hong Kong Court stays enforcement of award pending challenge at seat, on condition of security
In L v. B (HCCT 41/2015), the Hong Kong Court of First Instance (CFI) adjourned enforcement proceedings, on condition that security in the sum of the …
Hong Kong Court of Appeal affirms partial set aside of an arbitral award for "serious" irregularity
The Hong Kong Court of Appeal ("CA") recently affirmed a decision of the Court of First Instance ("CFI"), in which an arbitral award was partially set …
UK Supreme Court rules on section 69 challenge to an arbitral award: do the courts plan to take a more active role in arbitration?
On 11 May 2016 the Supreme Court handed down a ruling on a challenge to an arbitral award on a point of law, under section 69 of the Arbitration Act …
Separability and public policy: selecting law of arbitration agreement does not disapply conflicting non-mandatory provisions of English Arbitration Act 1996 and "fresh evidence…is particularly important" for challenging an Award on public policy grounds
An arbitration agreement is understood in most, but not all, jurisdictions to be a separable or distinct agreement from the contract or agreement of …
Court of Appeal clarifies the English Court's jurisdiction under section 67 of the Arbitration Act: the Court is not required to make any order at all even if the application is well-founded
The recent decision of the English Court of Appeal in Integral Petroleum SA v Melars Group Limited considers the jurisdiction of the court under s67 of …
U.S. District Court allows Gold Reserve to enforce its award against Venezuela in Washington, D.C.: Gold Reserve Inc., v. Bolivarian Republic of Venezuela
In September 2014, Gold Reserve won a significant arbitral award ("Award") worth more than US$760 million (and counting, because of post-award interest) …
French Supreme Court allows joint guarantors to challenge arbitral award
In a decision dated 5 May 2015 (Cass. Com. 5 mai 2015, 14-16.644, available at: https://www.courdecassation.fr/jurisprudence_2/chambre_commerciale_574/424…
English Court of Appeal permits enforcement of a New York Convention award on the basis of excessive delay in challenge proceedings in the courts of the seat
In its judgment in IPCO (Nigeria) Limited v Nigerian National Petroleum Corporation (No.3) [2015] EWCA Civ 1144 & 1145, handed down on 10 November …
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