AWARD CREDITORS SUCCESSFULLY CHALLENGE AWARD TO CLARIFY IDENTITY OF A PARTY

In the recent and unusual case of Xstrata Coal Queensland P Ltd (Company Number 098156702) (aka Rolleston Coal Holding PTY Ltd) & Anor v Benxi Iron & Steel (Group) International Economic & Trading Co Ltd [2020] EWHC 324 (Comm), the award creditors challenged an arbitral award under s68 of the Arbitration Act 1996 (the “Act”). … Read more

ETHIOPIA ACCEDES TO 1958 NEW YORK CONVENTION

On 13 February 2020, Ethiopia’s parliament approved accession to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention“). Ethiopia will become the 163rd state signatory and the 39th African state to accede following the recent accessions of the Seychelles, Cabo Verde and Sudan. Read more

ENGLISH COMMERCIAL COURT RELEASES UPDATED S68 AND S69 STATISTICS: CHALLENGES DOWN, AND THE HURDLE FOR SUCCESS REMAINS HIGH

In early February 2020, the Judiciary of England and Wales published the Commercial Court Users’ Group Meeting Report – November 2019 (“2019 Report”). The 2019 Report provides information and statistics relating to challenges to arbitral awards on the grounds of serious procedural irregularity under s68 and appeals on a point of law under s69 Arbitration … Read more

THE SEYCHELLES ACCEDES TO 1958 NEW YORK CONVENTION

On 3 February 2020, the Seychelles became the 162nd State party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“).The Seychelles is the latest state to have joined the New York Convention framework following the most recent accessions of Papua New Guinea, Maldives, Cabo Verde and Sudan. Read more

PERU APPROVES ARBITRATION REFORM ON DISPUTES INVOLVING STATE ENTITIES

On January 24, 2020, the Executive Branch of Peru approved the Emergency Decree No. 020-2020 (“Emergency Decree”), introducing amendments to the rules on international and domestic arbitration contained in Legislative Decree No. 1071 (“Peruvian Arbitration Law”). Interestingly, the modifications provided by the Emergency Decree only concern arbitration proceedings in which the State is involved as … Read more