Arbitration Notes
Tag: english arbitration act 1996
Showing 48 out of 66 results
English High Court considers the requirement to "exhaust" any available arbitral process of appeal before challenging an arbitral award under the Arbitration Act 1996
In an anonymised judgment dated 11 June 2014, Mr Justice Andrew Smith considered whether the terms of section 70(2) and/or section 73(2) of the …
Federal Court of Australia dismisses challenge to enforcement of foreign arbitral awards made in London
Armada (Singapore) Pte Ltd (Under Judicial Management) v Gujarat NRE Coke Limited [2014] FCA 636 Justice Foster of the Federal Court of Australia handed …
International contracts and application of the Late Payments of Commercial Debts (Interest) Act 1998: London arbitration clause does not provide a "significant connection" to England
In an appeal on a point of law under s69 of the Arbitration Act 1996 in Martrade Shipping & Transport GmbH v United Enterprises Corporation, the …
English court refuses stay of proceedings for clause requiring parties to "endeavour" to arbitrate
Despite the English court's benevolent approach to the construction of arbitration clauses, the recent case of Christian Kruppa v Alessandro Benedetti …
Indian Supreme Court Gives Further Reassurance on the Limits of its Jurisdiction in Cases of Arbitration Seated Outside India
In a welcome addition to the recent suite of pro-arbitration decisions emanating from India, in the case of Reliance Industries Limited & Anr v Union …
Commercial Court refuses enforcement of arbitral award due to issue estoppel
In Diag Human Se v Czech Republic, the English Commercial Court refused enforcement of a New York Convention Award (the Award) of over 8.3 billion Czech …
Cukurova v Sonera: Privy Council dismisses backdoor attempt to challenge tribunal's findings at the enforcement stage
In the case of Cukurova Holdings AS v Sonera Holding BV [2014] UKPC 15, the Privy Council considered an appeal from the Court of Appeal of the BVI. The …
A cautionary note for arbitrators and counsel alike: Commercial Court upholds s68 application in part for breach of tribunal's duty to act fairly and impartially
In Brockton Capital LLC v Atlantic-Pacific Capital, Inc., the English Commercial Court upheld a challenge under section 68 of the Arbitration Act 1996 …
Sonatrach v Statoil: backdoor attempt to challenge the tribunal's findings of fact receives short shrift from the English Court
In the case of La Societe pour la Recherche La Production Le Transport La Transformation et la Commercialisation des Hydrocarbures SPA v Statoil Natural …
The English Court of Appeal refuse a challenge to the enforcement of a New York Convention award founded on "hollow formalism"
In the case of Lombard-Knight & Anor v Rainstorm Pictures Inc [2014] EWCA Civ 356, the Court of Appeal considered an application by the Defendants to …
The English Commercial Court considers whether a party's failure to pay its share of the advance on costs is a repudiatory breach of the arbitration agreement
In BDMS Limited v Rafael Advanced Defence Systems [2014] EWHC 451 (Comm), the English Commercial Court considered whether the Respondent's failure to pay …
Commercial Court provides guidance on "serious irregularity" and confirms arbitral tribunal has jurisdiction to determine contractual rights and obligations in light of criminal conduct
In the recent decision of Interprods Ltd v De La Rue International Ltd [2014] EWHC 68 (Comm), the English Commercial Court dismissed the challenges under …
Showing 48 out of 66 results
View more