Tag Archives: challenge to award

High Court confirms UNCITRAL Tribunal Award on jurisdiction

The High Court has confirmed an UNCITRAL Tribunal's Award on Jurisdiction, which rejected jurisdiction under an investment contract (Contract) and the 1994 Kazakh Law on Foreign Investment (FIL). The Court placed particular emphasis on expert evidence of the principles of … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Investment Arbitration, Jurisdiction

Staying above the fray: Singapore High Court sets aside arbitral award on basis of breach of natural justice

In JVL Agro Industries Ltd v Agritrade International Pte Ltd, the Singapore High Court set aside an arbitral award on the grounds that the tribunal, in deciding the case on the basis of an issue which the defendant had not … Continue reading

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Filed under Arbitration laws, Asia, Challenges to awards, South East Asia

Hong Kong Court stays enforcement of award pending challenge at seat, on condition of security

In L v. B (HCCT 41/2015), the Hong Kong Court of First Instance (CFI) adjourned enforcement proceedings, on condition that security in the sum of the unpaid award, plus costs, be furnished by the losing party. Click here for a copy … Continue reading

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Filed under Arbitration laws, Awards, Challenges to awards, Enforcement

Hong Kong Court of Appeal affirms partial set aside of an arbitral award for “serious” irregularity

The Hong Kong Court of Appeal ("CA") recently affirmed a decision of the Court of First Instance ("CFI"), in which an arbitral award was partially set aside due to an irregularity that the CA described as being at "the serious … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Awards, Challenges to awards, Hong Kong & China

UK Supreme Court rules on section 69 challenge to an arbitral award: do the courts plan to take a more active role in arbitration?

On 11 May 2016 the Supreme Court handed down a ruling on a challenge to an arbitral award on a point of law, under section 69 of the Arbitration Act 1996. The decision in NYK Bulkship (Atlantic) NV v Cargill … Continue reading

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Filed under Arbitration Act 1996, Awards, Challenges to awards

Separability and public policy: selecting law of arbitration agreement does not disapply conflicting non-mandatory provisions of English Arbitration Act 1996 and “fresh evidence…is particularly important” for challenging an Award on public policy grounds

An arbitration agreement is understood in most, but not all, jurisdictions to be a separable or distinct agreement from the contract or agreement of which it forms part.  This is confirmed in s7 of the English Arbitration Act 1996 (the … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards

Court of Appeal clarifies the English Court’s jurisdiction under section 67 of the Arbitration Act: the Court is not required to make any order at all even if the application is well-founded

The recent decision of the English Court of Appeal in Integral Petroleum SA v Melars Group Limited considers the jurisdiction of the court under s67 of the English Arbitration Act 1996 (the Act). S67 deals with challenges to an arbitral … Continue reading

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Filed under Arbitration Act 1996, Awards, Challenges to awards, Jurisdiction

U.S. District Court allows Gold Reserve to enforce its award against Venezuela in Washington, D.C.: Gold Reserve Inc., v. Bolivarian Republic of Venezuela

In September 2014, Gold Reserve won a significant arbitral award ("Award") worth more than US$760 million (and counting, because of post-award interest) against Venezuela for breach of investor-protection standards under the Canada-Venezuela bilateral investment treaty ("Treaty"). In the arbitration, Gold … Continue reading

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Filed under Awards, Challenges to awards, Enforcement, Investment Arbitration, ISDS, New York Convention, Regions, The Americas

French Supreme Court allows joint guarantors to challenge arbitral award

In a decision dated 5 May 2015 (Cass. Com. 5 mai 2015, 14-16.644, available at: https://www.courdecassation.fr/jurisprudence_2/chambre_commerciale_574/424_5_31676.html) concerning French domestic arbitration law, the French Supreme Court (Cour de cassation) accepted, for the first time, that a joint guarantor could challenge an … Continue reading

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Filed under Awards, Challenges to awards, Europe, Third-Party Rights

English Court of Appeal permits enforcement of a New York Convention award on the basis of excessive delay in challenge proceedings in the courts of the seat

In its judgment in IPCO (Nigeria) Limited v Nigerian National Petroleum Corporation (No.3) [2015] EWCA Civ 1144 & 1145, handed down on 10 November 2015, the Court of Appeal considered whether the Appellant ("IPCO") was entitled to enforce an arbitration … Continue reading

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