In UDA Land Sdn Bhd v Puncak Sepakat Sdn Bhd [2020] MLJU 892, the High Court was required to determine whether an award should be set aside because the sole arbitrator (“Arbitrator”) wrongly concluded that it had no jurisdiction to determine a counterclaim and insolvency set-off raised in the arbitration. The High Court set aside … Read more

In Sunway Creative Stones Sdn Bhd v Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd and Anor [2020] MLJU 658, the Malaysian High Court refused to set aside an arbitral award because the applicant had not challenged the arbitrator’s jurisdiction and conduct when the issues arose during the arbitral proceedings. The Court emphasised that such lack … Read more

On 24 August 2020 Ethiopia acceded to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention“). Ethiopia will become the 165th state party to the Convention, following the recent accession of Tonga in June this year. Under Article XII (2), the Convention will come into force for Ethiopia on 22 … Read more

Overview The Australian Federal Court has granted an application to enforce a foreign arbitral award despite procedural irregularities in the arbitration proceedings. The decision in Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd (No 2) [2020] FCA 1116 (‘ECQ v Hub’) builds upon Australian jurisprudence promoting ease of enforcement of foreign arbitral … Read more

In Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [CA Paris, 23 June 2020, n°17/22943], the Paris Court of Appeal refused to set aside an arbitral award handed down by an ICC Tribunal seated in Paris, although the same award had been denied enforcement and recognition in England on the basis that the award was … Read more

In a rare example of a successful appeal of an arbitral award on a point of law under s69 Arbitration Act 1996 (the “Act”), the High Court (the “Court”) in Alegrow SA v Yayla Argo Gida San ve Nak A.S [2020] EWHC 1845 (Comm) varied and remitted an award of the GAFTA Appeal Board (the … Read more

On 8 June 2020, the Russian President signed a new federal law (No.171-FZ), which will significantly change the dispute resolution landscape involving Russian sanctioned individuals and entities. It will come into force on 19 June 2020. It is significant as it provides for exclusive jurisdiction of the Russian state arbitrazh (commercial) courts with respect to … Read more

On 1 June 2020, the U.S. Supreme Court unanimously held in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC[1] that the New York Convention does not preclude non-signatories from enforcing arbitration agreements based on the application of domestic equitable estoppel doctrines. Read more