The Hong Kong Court of First Instance has refused to set aside an enforcement order for a US award on the basis that the arbitration agreement was invalid, the defendant was unable to present its case, or it would be contrary to Hong Kong public policy to enforce the award (Construction Company v Guarantor [2021] … Read more

In the recent case of Vale v Steinmetz [2021] EWCA Civ 1087, the English Court of Appeal confirmed that, except in rare circumstances, the findings in an arbitral award will not be binding on, and cannot be relied upon in separate proceedings between, different (but related) parties. The decision is a welcome affirmation of the … Read more

Head of HSF’s Global Arbitration Practice and President of the London Court of International Arbitration (LCIA) Court, Paula Hodges QC, will be taking part in the joint Vietnam Academy for Arbitration-CIArb Vietnam Chapter roundtable discussion on “Institutional Reforms – Transforming International Arbitration“, taking place on Wednesday 8 September 2021. Read more

In PBO v DONPRO and others [2021] EWHC 1951 (Comm), the English High Court (the Court) allowed a number of challenges brought by PBO under s68 of the Arbitration Act 1996 (the Act) against an arbitral award rendered by the Federation of Cocoa Commerce (FCC) Board of Appeal (the Board). As such, this is an … Read more

In Devas Multimedia America Inc and others v Antrix Corporation Ltd [2021] EWHC 1944 (Comm), the English High Court considered whether it has the power to allow parties to serve out of the jurisdiction an application to join third parties to an existing court judgment for the enforcement of an arbitral award. That award was … Read more

In an appellate judgment, the Full Court of the Federal Court of Australia has ruled that a foreign arbitral award is not enforceable because the arbitral tribunal was not constituted strictly in accordance with the parties’ arbitration agreement. Notably, the decision also considers the courts’ discretion to enforce an award even where a party establishes … Read more

In a “highly unusual case“, the Hong Kong High Court has held an award rendered in HKIAC arbitration proceedings “manifestly invalid” on the basis that the tribunal’s findings were inconsistent with an earlier award rendered in a separate arbitration but involving the same parties and one of the same arbitrators. The dispute in W v … Read more

In STA v OFY [2021] EWHC 1574 (Comm), the English High Court refused to grant an extension of time to an applicant seeking to challenge an arbitral award under s68 of the Arbitration Act 1996 (the “Act“), in circumstances where the applicant had let lapse a prior extension order. The Court’s analysis in this case … Read more