The recent decision of Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm) (available here) provides a rare example of the English Court allowing an appeal on a point of law under section 69 of the Arbitration Act 1996 (“s69”). The Court held that, on the basis of its interpretation of the relevant … Read more
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
The Hong Kong Court of First Instance dismissed an application to set aside an arbitral award, rejecting claims that the underlying agreement was a sham and that enforcement of the award would be contrary to the public policy of Hong Kong. The Court did not accept that the Defendant had signed the relevant agreement as … Read more
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
Herbert Smith Freehills has helped secure an important victory for the Kingdom of Spain in a long-running investor-state arbitration concerning regulatory changes made by Spain in 2010 to the Feed-in Tariff regulation governing the photovoltaic (“PV”) sector in Spain. Read more
In Filatona Trading v Navigator Equities [2020] EWCA Civ 109, the English Court of Appeal upheld a judgment of the High Court (which we discussed here) relating to an LCIA arbitration concerning ownership of a Russian textile company. The main issue in the appeal was whether a party who did not sign an agreement was … Read more
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
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
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
