Arbitration Notes

Hong Kong court assesses damages for breach of implied promise to honour arbitral award

Expectation measure of damages applied as at date of award

Keeping its finger on the pulse: the English Supreme Court rules that the Court of Appeal overreached in an appeal under section 69 of the English Arbitration Act

In the recent case of Sharp Corp Ltd v Viterra BV [2024] UKSC 14, the Supreme Court held that the Court of Appeal had impermissibly acted beyond the …

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 …

DON'T COUNT YOUR CHICKENS: AUSTRALIAN COURT FINDS UNLIQUIDATED DAMAGES CLAIM OUTSIDE THE SCOPE OF A NARROWLY DRAFTED ARBITRATION AGREEMENT

MALAYSIA'S HIGH COURT ALLOWS JUDICIAL INQUIRY OF DAMAGES FOR A WRONGFULLY GRANTED COURT-ORDERED INJUNCTION WITHOUT AWAITING THE OUTCOME OF THE ARBITRATION

US District Court in New York reviews AAA Appellate arbitral panel decision with the same deference as arbitral awards under the FAA

Hong Kong Court of Appeal ends 12-year Xiamen v Eton Properties saga

As discussed in this post, Xiamen Xingjingdi Group Co Ltd (XJ) and various co-defendants affiliated with Eton Properties Ltd (together, EP) have been …

Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor's contributory action and failure to obtain a social license

In an award dated 30 November 2017 (the "Award"), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the …

Dubai Court of Cassation dismisses claim for damages made against arbitral tribunal

Dubai’s Court of Cassation dismisses Meydan Group’s claim against Doug Jones, Humphrey Lloyd QC and Stephen Furst QC who were acting as arbitrators in a …

Delay causes English Court to deny anti-suit injunction in respect of foreign proceedings brought in breach of an arbitration agreement

A recent case in the English High Court (the Court) demonstrates the need to act promptly when seeking an anti-suit injunction in relation to proceedings …

The largest Arbitration Awards in history: Three Majority shareholders in Yukos awarded total damages of over $50bn from the Russian Federation

On 18 July 2014, the Claimants in three related arbitrations administered under the 1994 Energy Charter Treaty and the 1976 UNCITRAL Arbitration Rules …

Partial annulment of ICSID award against Chile

In the latest instalment of the Victor Pey Casado and Foundation "Presidente Allende" v Republic of Chile saga, an ad hoc committee (the Committee) has …