The HK Court refuses to set aside an order enforcing a PRC award on the basis that it was contrary to public policy or that certain orders made by the tribunal were outside the scope of the arbitration agreement between the parties.
The Singapore High Court grants leave to enforce arbitration awards in circumstances where there were pending applications to set aside the same arbitral awards before the Singapore seat court.
The HK High Court explains the principles regarding the correction of awards under Article 33 of the Model Law, dismisses an application to set aside an award and allows the application to enforce the award.
Tanner De Witt, one of Arbitrium’s sponsors, outlines the operation of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR.
The Singapore High Court rejects an argument that enforcement of a partial award could be resisted on the public policy ground, and also deals with time extension applications for setting aside and resisting enforcement of awards.
The UAE Federal Arbitration Law (No.6 of 2018) came into force on 15 June 2018, and introduced a number of procedural developments relating to the conduct of arbitration proceedings and the enforcement of domestic and international awards before the local UAE courts.
The Singapore Court of Appeal emphasises the importance of the seat of arbitration and that prejudice need not be established to resist enforcement of an award arising out of a wrongly seated arbitration.
The English Court finds that a successful enforcement action did not entitle the Claimant to an award of costs as it failed to satisfy the requirements of full and frank disclosure.
The HK Court confirms an earlier decision holding that there is no provision in the Arrangement Concerning Mutual Enforcement of Arbitral Awards that the limitation period should not run while a successful party seeks to enforce an award in China.
In a serious and unusual case, the English High Court refuses to enforce an unchallenged arbitral on the basis that to do so would not be in the interests of justice, demonstrating that s.66 is not a simple rubber-stamping exercise.
The English High Court deals with various interlocutory applications in a forthcoming challenge to an arbitration award, including payment of security and a stay of enforcement.
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.
Enforcement of SIAC awards challenged on a number of grounds, including jurisdiction and breach of natural justice, rejected by the Delhi High Court who orders the judgment debtor to deposit the underlying sum.
A US court finds that a final judgment setting aside an award at the seat is generally conclusive, that the public policy exception is narrow and infrequently met, thereby refusing to enforce an award set aside in Nigeria.
The Singapore High Court dismisses an application to set aside an arbitration award under A.34 of the Model Law, finding that the tribunal had jurisdiction and that its composition was in accordance with the parties’ agreement.
A number of recent decisions from the courts in the Cayman Islands affirm the judiciary’s experience in dealing with arbitration-related disputes.
The English High Court stays enforcement proceedings in England under s.103(5) of the Arbitration Act in favour of pending set aside proceedings and orders the party resisting enforcement to provide security for the award.
The English High Court enforces a USD$9b award against Nigeria finding that the seat of arbitration was England and that there were no public policy reasons to refuse enforcement.Continue Reading
Norton Rose Fulbright observe that most major institutional arbitral rules provide avenues for interim relief via emergency arbitrators, expedited arbitral appointment or expedited proceedings and question whether it is still worth looking to the courts for interim relief in construction arbitrations.Continue Reading
Khaitan & Co review the Indian High Court’s decision in Ssangyong Engineering & Construction Co …Continue Reading
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HFW have published this brief but useful guide to obtaining a freezing (mareva) injunction – …Continue Reading
Practitioners regularly encounter time bar and limitations issues when seeking to enforce or resist enforcement …Continue Reading
DLA Piper provide an update of the review of Russian court practice relating to international …Continue Reading
Parties regularly seek to set aside or resist enforcement of arbitration awards on the basis …Continue Reading
Herbert Smith Freehills summarises the July 2018 English High Court’s decision in Asset Management Corporation …Continue Reading
Herbert Smith Freehills reviews the decision of the Hong Kong High Court in U v …Continue Reading
Herbert Smith Freehills review the 2018 decision of the Hong Kong High Court in Paloma …Continue Reading
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Baker McKenzie analyse the April 2018 decision from the Hong Kong Court of Final Appeal …Continue Reading
Herbert Smith Freehills review the decision of the English Court dismissing an application by Ukraine …Continue Reading
Herbert Smith Freehills reviews a 2018 decision of the Delhi High Court, which agreed to …Continue Reading
Herbert Smith Freehills review the English Commercial Court’s decision in Reliance Industries Limited & Ors …Continue Reading
Stephenson Harwood review the 2018 decision of the Singapore High Court in Sanum Investments Limited …Continue Reading
Herbert Smith Freehills review the Hong Kong Court of Appeal’s decision in the long-running proceedings …Continue Reading
Herbert Smith Freehills reviews recent judgments from the Indian courts which offer important guidance on …Continue Reading
Phillip Rompotis lead the team representing First Media in the hearings before the Hong Kong …Continue Reading
Herbert Smith Freehills review two decision from the Delhi High Court, which dismissed challenges to …Continue Reading
Baker McKenzie review China’s Supreme People’s Court Provisions on Issues related to Enforcement of Arbitral …Continue Reading
Herbert Smith Freehills review the Federal Court of Australia’s decision in Lahoud v The Democratic …Continue Reading
Herbert Smith Freehills reviews the decision of the United States District Court for the District …Continue Reading
Herbert Smith Freehills review the July 2017 decision from the Beijing No. 4 Intermediate People’s …Continue Reading
Herbert Smith Freehills review the Hong Kong High Court’s decision denying leave to appeal its …Continue Reading
Herbert Smith Freehills reviews two judgments from the Delhi High Court affirming the court’s pro-enforcement …Continue Reading
Latham & Watkins review the March 2017 UK Supreme Court’s decision in the matter concerning …Continue Reading
Herbert Smith Freehills review the Hong Kong Court of Appeal’s decision in the Astro v …Continue Reading
Contempt of Court proceedings in arbitration related matters are quite rare. Herbert Smith Freehills reviews …Continue Reading