Arbitrators

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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Hong Kong court dismisses claim against HKIAC

In yet another example of robust judicial support for arbitration in Hong Kong, the Hong Kong Court of First Instance has dismissed a claim brought against the HKIAC by a party to an HKIAC administered arbitration. The plaintiff in the … Continue reading

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Filed under Arbitration laws, Arbitration rules, Arbitrators, Hong Kong & China

The ICDR amends its Mediation and Arbitration Rules: tackling some familiar issues and providing some novel solutions

The International Centre for Dispute Resolution (the ICDR), the international division of the American Arbitration Association has released a new version of its Mediation Rules and its Arbitration Rules (the Rules), effective 1 May 2014. Many of the changes concern … Continue reading

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Filed under Arbitration rules, Arbitrators, Document production, Institutions, The Americas

Sonatrach v Statoil: backdoor attempt to challenge the tribunal’s findings of fact receives short shrift from the English Court

In the case of La Societe pour la Recherche La Production Le Transport La Transformation et la Commercialisation des Hydrocarbures SPA v Statoil Natural Gas LLC [2014] EWHC 875 Comm, the Commercial Court considered an application under section 68 of … Continue reading

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Filed under Arbitrators, Challenges to awards

SIAC emergency arbitrator awards – a speedier route to interim relief before the Indian Courts?

The Singapore International Arbitration Centre (the SIAC) introduced emergency arbitrator provisions in its arbitration rules in July 2010 and has had 34 applications filed before it to date where parties have asked for an emergency arbitrator to be appointed. The … Continue reading

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Filed under Arbitration rules, Arbitrators, Asia, India, Institutions

Indian Supreme Court upholds ‘unworkable’ arbitration clause while ensuring that supervisory jurisdiction over the arbitration only lies with the Indian Courts

Adding to the welcome suite of recent pro-arbitration decisions from the Indian judiciary, the Indian Supreme Court in Enercon (India) Ltd and Ors v Enercon Gmbh and Anr,¹ applied the principles of severability of the arbitration clause from the underlying contract … Continue reading

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Filed under Arbitration clauses, Arbitrators, Asia, India

Upcoming Webinar: Global Arbitration Highlights of 2013

Wednesday 22nd January 2014, 12.30pm – 1.30pm UK time This webinar, chaired by partner, Matthew Weiniger,will focus on the global arbitration highlights of 2013 and look ahead to the key milestones and events of 2014.

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