Arbitration Notes

3 for the price of 1: English Commercial Court issues guidance on: (i) what constitutes an "award" (ii) whether a cross-claim under a different contract can fall within an arbitrator's jurisdiction, and (iii) the circumstances in which the Court will order compliance with a Peremptory Order

In the case of RQP v ZYX, the English Court has issued a jam-packed judgment on three important issues. In dismissing RQP's three applications, Mr …

ANOTHER ONE BITES THE DUST: THE FIONA TRUST PRINCIPLE AGAIN SEES OFF NDK'S CASE BEFORE THE ENGLISH COMMERCIAL COURT

In NDK Ltd v HUO Holding (No 2) [2022] EWHC 2580 (Comm), the English Commercial Court dismissed NDK's section 67 challenge brought against an LCIA award, …

THINK BEFORE YOU ACT - WA SUPREME COURT FINDS CONSENT BY CONDUCT TO ARBITRATION APPEAL

The Supreme Court of Western Australia recently decided a rare application to appeal arbitral awards pursuant to s 34A of the Commercial Arbitration Act …

Delhi High Court sets aside billion dollar ICC award on grounds of "patent illegality and fraud"

The Delhi High Court (the "Court") in a recent decision, has set aside a 2015 arbitral award of the International Chamber of Commerce ("ICC") which had …

ICSID tribunal upholds the recoverability of success fees for counsel in BSG Resources v Guinea

On 18 May 2022, an arbitral tribunal rendered its award in BSG Resources Limited (in Administration), BSG Resources (Guinea) Limited, BSG Resources …

Hong Kong Court Clarifies Threshold for Setting Aside Awards

SINGAPORE COURT OF APPEAL PARTIALLY SETS ASIDE ICC AWARD OVER ITS "FLEXIBLE APPROACH" TO DAMAGES

In CEF and another v CEH, the Singapore Court of Appeal partially set aside a €62 million ICC award concerning the construction of an iron and steel …

ENGLISH COURT AGREES WITH TRIBUNAL: RELYING ON A SUBMISSION LATER THAT COULD HAVE BEEN RAISED EARLIER IN THE ARBITRATION WOULD BE AN ABUSE OF PROCESS

ENFORCEMENT OF CIETAC AWARD IN HONG KONG STAYED, BUT NOT FOR LONG

Summary In a further decision in the long-running G v X matter (see our previous blog post here), the Hong Kong court has decided to stay enforcement of …

CROSS POST: SUPREME COURT CLARIFIES TEST FOR RE-OPENING JUDGMENT BEFORE ORDER IS SEALED

THE FRENCH SUPREME COURT UPHOLDS SET ASIDE OF AWARD DUE TO EVIDENCE OF MONEY LAUNDERING

In Belokon v. Kyrgyzstan (Cass. Civ. 1ère, 23 March 2022, No. 17-17.981), the French Supreme Court upheld the 2017 decision of the Paris Court of Appeal …

TURKMENISTAN BECOMES PARTY TO NEW YORK CONVENTION

Turkmenistan has become the 170th state party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention), …