In its recent judgment in The Czech Republic vs Diag Human and ors [2023] the English court has refused Diag Human’s application for security for costs and security for the award in a relation to a challenge of an English-seated investment treaty award. Read more

Herbert Smith Freehills has secured a landmark judgment from the Hong Kong Court of Final Appeal, with significant practical implications for thousands of commercial contracts. In C v D [2023] HKCFA 16, the CFA confirmed that arbitrators, not the courts, should have the final say on whether a party has complied with an escalation clause … Read more

The Hong Kong Court of First Instance has ruled that the holding of a fully virtual hearing despite the opposition of one of the parties did not provide a permissible ground to resist enforcement of an award (Sky Power Construction Engineering Limited v Iraero Airlines JSC [2023] HKCFI 1558). Although the case was decided on … Read more

In a recent application to enforce an arbitral award, the Federal Court of Australia rejected the award debtor’s arguments that it would be contrary to public policy to enforce the award, where allegations of procedural unfairness had already been determined in foreign courts.  In doing so, the Court reaffirmed the high threshold required for an … Read more

INTRODUCTION AND TAKEAWAY In a recent decision, the Supreme Court of New South Wales set aside an arbitral award on the basis that the arbitrator had failed to give one party a proper opportunity to present its case. While there is a high bar for judicial intervention in arbitration proceedings, Australian courts will act to … Read more

In the case of RQP v ZYX, the English Court has issued a jam-packed judgment on three important issues. In dismissing RQP’s three applications, Mr Justice Butcher has provided guidance on the circumstances in which (i) an arbitrator’s decision will constitute an “award” which is capable of being challenged under the English Arbitration Act (the … Read more

In NDK Ltd v HUO Holding (No 2) [2022] EWHC 2580 (Comm), the English Commercial Court dismissed NDK’s section 67 challenge brought against an LCIA award, finding that a proposed shareholder was covered by the arbitration clause in the shareholders agreement. The case stems from the same dispute as NDK’s previous s. 67 challenge (covered … Read more

The Supreme Court of Western Australia recently decided a rare application to appeal arbitral awards pursuant to s 34A of the Commercial Arbitration Act 2012 (WA) (CAA). Under s 34A, of the CAA a court can only grant leave to appeal if, among other things, the parties to the award consent to the appeal. The … Read more