Awards

Hong Kong Court upholds refusal to stay execution of enforcement order

Overview The Hong Kong Court of First Instance (CFI) has denied leave to appeal its May 2017 decision in  Israel Sorin (IZZY) Shohat v Balram Chainrai [2017] HKEC 1118. In that decision (see our previous post), Chow J refused to … Continue reading

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Filed under Arbitration laws, Awards, Enforcement, Hong Kong & China

Hong Kong Court confirms pro-arbitration stance

In U v A [2017] HKEC 468, the Hong Kong Court of First Instance dismissed an application to set aside an Order for enforcement of an ICC award rendered in Hong Kong. In her judgment, Mimmie Chan J reiterated that … Continue reading

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Filed under Asia, Awards, Challenges to awards, Enforcement, Hong Kong & China

Important Second Circuit Decision on Enforcement of International Arbitration Awards

In a significant recent judgment, CBF Industria De Gusa S/A v. AMCI Holdings, Inc. (2d Cir. 2017), the influential U.S. Court of Appeals for the Second Circuit (the Second Circuit) considered an arbitral award's preclusive effects and its ability to … Continue reading

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Filed under Awards, Enforcement, New York Convention, The Americas

Australian Court provides guidance on Art 33(3) of the Model Law, the doctrine of functus officio and when a ‘Final Award’ is not ‘final’

In Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd [2017] VSC 97, Croft J of the Victorian Supreme Court confirmed that a party is not required to rely on, or comply with the time constraint in, Art 33(3) of … Continue reading

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Filed under Arbitration laws, Australia, Awards, Costs, Court intervention, Stays, UNCITRAL Model Law

UK Supreme Court rules that no security may be ordered when challenging enforcement of arbitration awards

The UK Supreme Court has overturned a Court of Appeal decision requiring Nigerian National Petroleum Corporation ("NNPC") to provide US$ 100m in security while the case was remitted to the Commercial Court to decide on IPCO (Nigeria) Limited's ("IPCO") challenges … Continue reading

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Filed under Africa, Arbitration Act 1996, Awards, Challenges to awards, Enforcement, New York Convention

The DIFC’s conduit jurisdiction under attack? The Dubai Court attempts to reverse Banyan Tree

Following on from our reporting on the controversial first decision of the Judicial Tribunal in Daman Real Capital Partners Company LLC v. Oger Dubai LLC, Cassation No. 1 of 2016 (JT) (click here), there has been significant commentary on the … Continue reading

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Filed under Awards, Court intervention, DIFC, Enforcement, Middle East

First CIETAC HK award enforced in mainland China

On 13 December 2016, the Nanjing Intermediate People's Court of Jiangsu Province (the "Nanjing Court") issued its decision in Ennead Architects International LLP v. Fuli Nanjing Dichan Kaifa Youxian Gongsi (2016) Su 01 RenGang No.1 (the "Decision"). The Decision marks … Continue reading

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Filed under Awards, Enforcement, Hong Kong & China

English court upholds arbitrator’s decision to award claimant the costs of third party funding

The English court has refused a challenge under s68(2)(b) of the Arbitration Act 1996 (the Act) and held that a sole arbitrator did not exceed his powers in including the costs of third party funding within a costs award (Essar … Continue reading

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Filed under Arbitration laws, Awards, Challenges to awards, Costs, Third Party Funding

English Court refuses to allow challenge to arbitral award to be discontinued

The English Court has recently held that a party will not be able to discontinue appeal proceedings challenging an arbitral award in circumstances where to allow it do so would: (i) circumvent the jurisdiction of the supervisory court; and/or (ii) … Continue reading

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Filed under Arbitration Act 1996, Awards, Challenges to awards, Court intervention, Enforcement

English court declines execution against state-owned property on grounds of immunity

In L R Avionics Technologies Limited v. The Federal Republic of Nigeria, Attorney General of the Federation of Nigeria [2016] EWHC 1761 (Comm), the English High Court has set aside a charging order enforcing an arbitral award and related foreign … Continue reading

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Filed under Awards, Enforcement, Public International Law, Sovereign Immunity