AD HOC ARBITRATION CONTINUES TO THRIVE IN LONDON: THE LATEST STATISTICS

The London Maritime Arbitrators Association (“LMAA”) have now released their latest statistics on ad hoc arbitrations conducted under the LMAA Terms and Procedures. The latest figures reveal that, in the wake of the disruption caused by the Covid-19 pandemic, ad-hoc arbitration in London is continuing to thrive. Read more

Hong Kong court sets aside award for wrongful identification of party

In arbitral proceedings where the respondent was wrongly named, the Hong Kong Court of First Instance has set aside the arbitral award on the basis that the named respondent is not a party to the arbitration agreement and was not given proper notice of the proceedings. This rare example of a successful set-aside application demonstrates … Read more

PRC court sets aside cryptocurrency award on public interest grounds

Shenzhen Intermediate People’s Court has ordered that an arbitral award made by Shenzhen Arbitration Commission (also known as Shenzhen Court of International Arbitration) be set aside on the ground that awarding damages in US dollars in lieu of crypto is against the public interest. (2018) Yue 03 Min Te No. 719 or (2018) 粤03民特719号 Background … Read more

FRENCH SUPREME COURT CLARIFIES THE SCOPE OF THE WAIVER RULE CONTAINED IN ARTICLE 1466 CCP, PAVING THE WAY FOR PARTIES TO PRESENT NEW ARGUMENTS AND EVIDENCE WHEN CHALLENGING A TRIBUNAL’S JURISDICTION BEFORE THE ANNULMENT JUDGE

On 2 December 2020, the French Cour de Cassation (Cass Civ. 1, No. 19-15.396) overturned a decision by the Paris Court of Appeal that had dismissed an application to set aside an arbitral award on the basis that the applicant has waived its right to raise, when contesting the arbitral tribunal’s jurisdiction before the French … Read more

Hong Kong court refuses enforcement where due process denied

In a rare move, the Hong Kong Court of First Instance has refused to enforce an arbitral award, rejecting an appeal from its earlier decision to set aside the enforcement order. X v Y  [2020] HKCFI 2782 Background The dispute arose between X, a Taiwanese life insurance company as investor and pledger, and the Bank … Read more

ENGLISH COMMERCIAL COURT RELEASES S68 AND S69 STATISTICS FOR COURT YEAR 2019 – 2020: CHALLENGES DOWN AGAIN AND THE NON-INTERVENTIONIST APPROACH SUSTAINED

The Judiciary of England and Wales has published the minutes of the Commercial Court User Group Meeting that took place at the end of November 2020 (the “2020 Minutes”), providing updated information and statistics relating to challenges to arbitral awards under s68 Arbitration Act 1996 (the “Act”) and appeals on a point of law under … Read more