3 for the price of 1: English Commercial Court issues guidance on: (i) what constitutes an “award” (ii) whether a cross-claim under a different contract can fall within an arbitrator’s jurisdiction, and (iii) the circumstances in which the Court will order compliance with a Peremptory Order

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

Delhi High Court sets aside billion dollar ICC award on grounds of “patent illegality and fraud”

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

Hong Kong Court Clarifies Threshold for Setting Aside Awards

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