Latham & Watkins review the English Commercial Court’s decision in Reliance Industries Ltd and another v Union of India  EWHC 822 (Comm), where the Court considered various challenges to an arbitral award under the Arbitration Act 1996. The authors note that the decision confirms that UNCITRAL Rules do not impose a higher procedural fairness burden than the Arbitration Act and that the foreign act of state doctrine applies in arbitrations and that practitioners will welcome the Court’s important decisions on a technical difference between the UNCITRAL Arbitration Rules 1976 (the Rules) and the Act, and on the applicability of the foreign act of state doctrine in arbitration proceedings in England.
About Phillip Rompotis
Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.View