Arbitrators

The Proliferation of “Soft Laws” in International Arbitration: Time to Draw the Line?

Paula Hodges QC, Partner and Head of the Global Arbitration Practice at Herbert Smith Freehills has published an article on the impact of the proliferation of rules, guidelines, codes and protocols relating to international arbitration in recent years. The article … Continue reading

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Filed under Arbitration rules, Arbitrators

Paris Court of Appeal orders the retraction of an award made where one arbitrator lacked independence: the ongoing Tapie saga

In a remarkable judgment of 17 February 2015, rendered further to a rarely-seen application for revision of an arbitral award (which in this case lead to the retraction of the award), the Paris Court of Appeal overturned an arbitral award … Continue reading

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Filed under Arbitration laws, Arbitrators, Awards, Europe, Independence

English Court construes arbitration agreement reconciling two conflicting arbitration clauses

In the recent decision Transgrain Shipping BV v Deiulemar Shipping SpA (in liq) & Eleni Shipping Ltd [2014] EWHC 4202 (Comm), the English Commercial Court refused an application under s 67 of the Arbitration Act 1996 to set aside an … Continue reading

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Filed under Arbitration clauses, Arbitrators, Challenges to awards

Publication of New IBA Guidelines on Conflict of Interests in International Arbitration – the key changes

On 23 October 2014, the IBA Council passed a resolution adopting the anticipated revision to its “IBA Guidelines on Conflicts of Interests in International Arbitration” (2014 Guidelines), which have been widely used and referred to by practitioners and arbitrators in … Continue reading

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Filed under Arbitration rules, Arbitrators

Paris Court of Appeal considers scope of arbitrator’s obligation to disclose any potential conflicts of interest

 The Paris Court of Appeal has overturned a judgment granting exequatur (order for enforcement) of an arbitral award as a result of the sole arbitrator’s failure to disclose a potential conflict of interest. At the time of his appointment in … Continue reading

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Filed under Arbitrators, Enforcement, Enforcement - Europe, Europe, Uncategorized

Procedural fairness as a ground for setting aside awards: what’s fair is fair

In its recent decision in Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd [2014] SGHC 220, the Singapore High Court considered the grounds on which an arbitral award may be set aside for procedural unfairness and, in doing so, … Continue reading

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Filed under Arbitrators, Awards, Challenges to awards, Enforcement, South East Asia, Uncategorized

Law Commission of India proposes wide-ranging changes to the country’s arbitration regime

The Law Commission of India has proposed major amendments to the Arbitration & Conciliation Act, 1996 (the “Arbitration Act”) in order to remedy a number of perceived weaknesses and to stimulate growth in Indian arbitration as a platform for dispute … Continue reading

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Filed under Arbitration laws, Arbitrators, Asia, India

French Supreme Court refuses to set aside ICC award in favour of the Congo

In Groupe Antoine Tabet c/ la République du Congo, Cass. Civ. 1re, n° 11-16444 of 25 June 2014, the French Supreme Court (Cour de cassation) considered an application to have an award set aside on the grounds that the President of the tribunal had failed to … Continue reading

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Filed under Arbitrators, Challenges to awards, Europe

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. This issue considers some significant decisions of the Indian courts, including two decisions on the arbitrability of fraud claims and a decision of the Supreme Court … Continue reading

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Filed under Arbitration laws, Arbitrators, India, Investment Arbitration

New ruling of the French Cour de cassation in the Tecnimont judicial saga on challenge of an arbitrator

In Avax v Tecnimont (Civ. 1ère, 25 June 2014, pourvoi n° 11-26.529) the French Supreme Court reviewed the Paris Court of Appeal’s decision regarding the effect of the time limits in institutional rules on the judge reviewing the award.  On … Continue reading

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Filed under Arbitrators, Awards, Europe