Tag: public policy

Showing 24 out of 36 results

23 October 2023

HONG KONG COURT REJECTS AWARD CHALLENGE OVER LAW FIRM SUCCESS FEE

The Hong Kong Court of First Instance has dismissed a challenge to the enforcement of a US$50 million arbitral award rendered in Chicago in favour of a …

07 August 2023

English Commercial Court rejects consumer's public policy challenge to arbitration award due to insufficiently "close connection" of the contract to UK

In Eternity Sky Investments Ltd v Mrs Xiaomin Zhang [2023] EWHC 1964 (Comm), the English Commercial Court has rejected a challenge to an arbitration …

17 July 2023

English Commercial Court takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case

The English Commercial Court has refused to enforce a foreign-seated arbitration award on the grounds that to do so would be contrary to public policy. …

01 February 2023

AUSTRALIAN FEDERAL COURT REAFFIRMS HIGH THRESHOLD FOR REFUSING ENFORCEMENT OF AWARD ON PUBLIC POLICY GROUNDS

In a recent application to enforce an arbitral award, the Federal Court of Australia rejected the award debtor’s arguments that it would be contrary to …

03 January 2023

NEW SOUTH WALES SUPREME COURT SETS ASIDE ARBITRATION AWARD TO PROTECT THE INTEGRITY OF THE ARBITRATION PROCESS

INTRODUCTION AND TAKEAWAY In a recent decision, the Supreme Court of New South Wales set aside an arbitral award on the basis that the arbitrator had …

08 August 2022

Hong Kong Court Clarifies Threshold for Setting Aside Awards

30 June 2021

PRIVY COUNCIL CONSIDERS EXTENT OF SUPERVISORY COURT'S POWER TO SET ASIDE ARBITRAL AWARDS ON GROUNDS OF PUBLIC POLICY

30 April 2021

INDIAN SUPREME COURT ALLOWS INDIAN PARTIES TO CHOOSE A FOREIGN SEAT OF ARBITRATION

03 November 2020

Of joy and woe: Australian decision confirms the limits of the ‘reasonable opportunity’ entitlement

16 July 2020

ANNULMENT OF AL KHARAFI V. LIBYA ARBITRAL AWARD BY CAIRO COURT OF APPEAL

09 April 2020

RUSSIAN SUPREME COURT DECIDES PARTY CANNOT CHALLENGE AWARD DUE TO ARBITRATOR’S REMOVAL FROM LIST OF RECOMMENDED ARBITRATORS

27 March 2020

HONG KONG: COURT MAKES WINDING UP ORDER WHERE DEBTOR UNABLE TO PROVE BONA FIDE DISPUTE ON SUBSTANTIAL GROUNDS

The Hong Kong Court of First Instance has declined to prioritise an arbitration agreement where a debtor intended to dispute the existence of a debt …