Arbitration Notes

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, …

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 …

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 …

'Obvious accounting mistake' sinks LMAA arbitrator's award in rare successful s.68 challenge by charterer

ENGLISH COURT PERMITTED BUT NOT REQUIRED TO REFUSE ENFORCEMENT WHERE STATUTORY GROUNDS MADE OUT

ENGLISH COMMERCIAL COURT ALLOWS APPEAL UNDER S.69 OF THE ARBITRATION ACT ON THE MEANING OF A REASONABLE ENDEAVOURS OBLIGATION

FURTHER HONG KONG JUDGMENT CONFIRMS THAT AN ARBITRAL TRIBUNAL IS "THE MASTER OF ITS OWN PROCEDURAL RULES" AND COMPLIANCE WITH PRE-ARBITRATION CONDITIONS SHOULD NOT BE REVIEWED BY THE COURTS

ENGLISH COURT ONCE AGAIN UPHOLDS AWARD OF THIRD PARTY FUNDING COSTS IN ARBITRATION