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

The Delhi High Court (the “Court“) in a recent decision, has set aside a 2015 arbitral award of the International Chamber of Commerce (“ICC“) which had directed Antrix Corporation Limited (“Antrix“) to pay damages of over US$ 560 million plus interest to Devas Multimedia Private Limited (“Devas“) (the “ICC Award“). This is the latest development … Read more

On 18 May 2022, an arbitral tribunal rendered its award in BSG Resources Limited (in Administration), BSG Resources (Guinea) Limited, BSG Resources (Guinea) Sàrl v Republic of Guinea (ICSID Case No. ARB/14/22) in favour of the Republic of Guinea (“Guinea“). Notably, in awarding costs, the tribunal treated as recoverable Guinea’s success fees under a private … Read more

A Hong Kong Court recently adopted a resoundingly pro-arbitration stance in a decision which emphasised the high thresholds of irregularity that would need to be established before an arbitration award can be set aside. In LY v HW, [2022] HKCFI 2267, the Court dismissed an application to set aside an award based on claims that … Read more

In CEF and another v CEH, the Singapore Court of Appeal partially set aside a €62 million ICC award concerning the construction of an iron and steel plant in Malaysia. In its award, the Tribunal had adopted a “flexible approach” to damages and awarded damages for misrepresentation against the contractors of around RM 176m (around … Read more