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

ENGLISH COURT AGREES WITH TRIBUNAL: RELYING ON A SUBMISSION LATER THAT COULD HAVE BEEN RAISED EARLIER IN THE ARBITRATION WOULD BE AN ABUSE OF PROCESS

In Union of India v Reliance Industries Ltd and another [2022] EWHC 1407 (Comm), the Union of India (the “Government”) challenged an award under ss.68 and 69 of the Arbitration Act 1996 (“Act”). In the award, the Tribunal had found that, as a matter of English law, the Government was precluded from relying on matters … Read more

ENFORCEMENT OF CIETAC AWARD IN HONG KONG STAYED, BUT NOT FOR LONG

Summary In a further decision in the long-running G v X matter (see our previous blog post here), the Hong Kong court has decided to stay enforcement of a CIETAC award pending a challenge to the award at the seat of arbitration in Beijing.  The stay was granted in deference to the jurisdiction of the … Read more