Arbitration Notes

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

Livian on a prayer: Claimant's last hope s68 challenge is firmly rejected by the Commercial Court

The Commercial Court has rejected an attempt to challenge an LCIA award on grounds of serious irregularity under section 68(2)(a) of the Arbitration Act …

HONG KONG COURT SET ASIDE AN AWARD WHICH EXCEEDED THE SCOPE OF SUBMISSION TO ARBITRATION

ENGLISH HIGH COURT REJECTS FULL AND FRANK DISCLOSURE CHALLENGE TO EX PARTE ARBITRATION ORDER (GENERAL DYNAMICS V LIBYA)

In the recent decision of General Dynamics United Kingdom Ltd v State of Libya [2022] EWHC 501 (Comm) the English Commercial Court refused to set …

English Court sets aside award on the ground that the arbitral tribunal lacked substantive jurisdiction

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co., Ltd [2022] EWHC 181 (Comm), the Commercial Court has set aside an arbitral award under …

Fruit of collusion: Hong Kong Court set aside an enforcement order for a Mainland award

On a rare occasion, the Court of First Instance has set aside an enforcement order for a Mainland award (made under the auspices of the Zhanjiang …

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

NO ENFORCEMENT WITHOUT NOTICE: FEDERAL COURT OF AUSTRALIA DECLINES TO ENFORCE AN AWARD FOR FAILURE TO GIVE PROPER NOTICE OF THE ARBITRATION

THE CLOAK OF CONFIDENTIALITY IN ARBITRATION IS NOT EASILY REMOVED: FEDERAL COURT OF AUSTRALIA DECLINES TO ENFORCE A CONSENT AWARD THAT HAD BEEN SATISFIED

ENGLISH COURT DETERMINES IT HAS NO JURISDICTION TO PERMIT A COUNTERCLAIM IN ENFORCEMENT PROCEEDINGS

HSF ANALYSIS OF SUPREME COURT DECISION IN KABAB-JI SAL (LEBANON) V KOUT FOOD GROUP (KUWAIT)