Tag: public policy
Showing 36 out of 36 results
PRIVY COUNCIL DISMISSES CHALLENGE TO MAURITIAN ARBITRAL AWARD BASED ON ALLEGED BREACHES OF NATURAL JUSTICE AND PUBLIC POLICY
RUSSIAN SUPREME COURT REQUIRES UNIFORM APPROACH IN ARBITRATION CASES AND CLARIFIES MEANING OF PUBLIC POLICY
Hong Kong Court Refuses Recognition of Mainland Award on Public Policy Grounds
On 18 October 2018, the Hong Kong Court of First Instance (Court) in Z v Y [2018] HKCFI 2342 refused to recognise an Award of the China Guangzhou …
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 …
HONG KONG COURT GIVES "DUE WEIGHT" TO SUPERVISORY COURT ON ENFORCEMENT
In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement …
HONG KONG COURT REFUSES SET ASIDE, REJECTS PUBLIC POLICY CHALLENGE
In Paloma Co. Ltd. v. Capxon Electronic Industrial Co. Ltd [[2018] HKCFI 1147], the Hong Kong Court of First Instance rejected a public policy challenge …
Indian Courts settle key issues relating to enforcement of awards
In five recent judgments, the Indian courts have offered important guidance on the enforcement of both domestic and international awards in India. This …
Delhi High Court allows enforcement of arbitral awards despite foreign exchange regulations
Two recent judgments from the Delhi High Court affirm the court's pro-enforcement stance on foreign arbitral awards and offer welcome guidance on the …
French Conseil d’État rules on scope of powers to set aside arbitral awards / Le Conseil d’État s'est prononcé sur l'étendue de son contrôle s'agissant de l'annulation d'une sentence arbitrale internationale
In a decision of 9 November 2016, the French Conseil d’État, France's highest administrative jurisdiction, ruled on the extent of its scope of review as …
Arbitration in the Middle East – expectations and challenges for the future
Craig Shepherd and Mike McClure from the HSF office in Dubai have co-edited a TDM (Transnational Dispute Management) Special entitled “Arbitration in the …
Victorian courts reinforce commitment to international commercial arbitration
Giedo van der Garde BV v Sauber Motorsport AG [2015] VSC 80; Sauber Motorsport AG v Giedo van der Garde BV [2015] VSCA 37 The occasion of the Formula One …
Supreme Court of India Clarifies the Scope of Public Policy grounds for Challenging a Domestic Arbitration Award under Section 34 of the Arbitration and Conciliation Act
In a decision handed down recently, the Supreme Court of India found that the Delhi High Court had overstepped its powers and wrongly set aside a …