Error: Can't connect Warning: mysqli_query() expects parameter 1 to be mysqli, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 186
Warning: mysqli_fetch_assoc() expects parameter 1 to be mysqli_result, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 187
In the recent decision of CVLC Three Carrier Corp and another company v Arab Maritime Petroleum Transport Co [2021] EWHC 551 (Comm) (available here), the English High Court allowed an appeal on a point of law under s69 of the Arbitration Act 1996 (the “Act”). The Court provided guidance on two significant issues: (i) whether … Read more
The London Maritime Arbitrators Association (“LMAA”) have now released their latest statistics on ad hoc arbitrations conducted under the LMAA Terms and Procedures. The latest figures reveal that, in the wake of the disruption caused by the Covid-19 pandemic, ad-hoc arbitration in London is continuing to thrive. Read more
In the recent case of M v N [2021] EWHC 360 (Comm), the English High Court upheld its earlier decision to allow alternative service outside the Hague Service Convention (“HSC”) of an order granting enforcement of an award under section 66(1) of the Arbitration Act 1996 (“1996 Act”). This decision is in line with the … Read more
In arbitral proceedings where the respondent was wrongly named, the Hong Kong Court of First Instance has set aside the arbitral award on the basis that the named respondent is not a party to the arbitration agreement and was not given proper notice of the proceedings. This rare example of a successful set-aside application demonstrates … Read more
Shenzhen Intermediate People’s Court has ordered that an arbitral award made by Shenzhen Arbitration Commission (also known as Shenzhen Court of International Arbitration) be set aside on the ground that awarding damages in US dollars in lieu of crypto is against the public interest. (2018) Yue 03 Min Te No. 719 or (2018) 粤03民特719号 Background … Read more
On 2 December 2020, the French Cour de Cassation (Cass Civ. 1, No. 19-15.396) overturned a decision by the Paris Court of Appeal that had dismissed an application to set aside an arbitral award on the basis that the applicant has waived its right to raise, when contesting the arbitral tribunal’s jurisdiction before the French … Read more
In a rare move, the Hong Kong Court of First Instance has refused to enforce an arbitral award, rejecting an appeal from its earlier decision to set aside the enforcement order. X v Y [2020] HKCFI 2782 Background The dispute arose between X, a Taiwanese life insurance company as investor and pledger, and the Bank … Read more
In a landmark judgment issued on 27 October 2020, Egypt’s Court of Cassation (the “Court”) upheld a decision of the Cairo Court of Appeal refusing to set aside an award issued by the Cairo Regional Center for International Commercial Arbitration (“CRCICA”). Read more
The Judiciary of England and Wales has published the minutes of the Commercial Court User Group Meeting that took place at the end of November 2020 (the “2020 Minutes”), providing updated information and statistics relating to challenges to arbitral awards under s68 Arbitration Act 1996 (the “Act”) and appeals on a point of law under … Read more