Arbitration Notes

Hong Kong Court of Appeal rejects infra petita challenge to HKIAC award

Hong Kong Court of Appeal rules that hearing of award challenge can be conditional on compliance with prior anti-suit injunction

English Court of Appeal confirms limits on appeals from section 68 decisions

English Commercial Court rejects Russia’s public policy objections in latest Yukos enforcement decision, upholding US$50bn awards

Supreme court of Queensland affirms high threshold for procedural fairness challenges to arbitral awards

Hong Kong court grants anti-suit relief against sanctioned Russian bank

German bank obtains injunctions to restrain Russian court proceedings commenced in breach of HKIAC arbitration agreement; argument that court lacked …

Hong Kong courts dismiss five award challenges over eleven-day period

Unsuccessful award debtors ordered to pay indemnity costs in every case; lawyers who acted in “totally baseless” enforcement challenge heavily criticised

"It takes two to tango": Hong Kong Court of Appeal upholds award challenge due to lack of dispute between parties

Arbitrator lacked jurisdiction to grant declaration of non-liability where no liability alleged; award contrary to public policy due to improper comments …

Ex parte communications lead to successful award challenge in Hong Kong

Enforcement refused on due process and public policy grounds after 7-year extension to award deadline on which respondent had no opportunity to comment

Hong Kong court upholds award challenge for lack of reasons

The Hong Kong Court of First Instance has refused to enforce an AAA-ICDR award because the arbitrator failed to give reasons for her decisions on key …

Hong Kong court provides guidance on award challenges for failure to deal with an essential issue

The Hong Kong Court of First Instance has provided further clarity on when awards can be set aside for failure to deal with an essential issue, …

HONG KONG COURT REMITS AWARDS TO ARBITRATOR FOLLOWING CHANGE IN LAW OF ILLEGALITY DEFENCE

The Hong Kong Court of First Instance (“CFI”) has suspended set-aside proceedings in respect of two HKIAC awards on liability and quantum and remitted …