In STA v OFY [2021] EWHC 1574 (Comm), the English High Court refused to grant an extension of time to an applicant seeking to challenge an arbitral award under s68 of the Arbitration Act 1996 (the “Act“), in circumstances where the applicant had let lapse a prior extension order. The Court’s analysis in this case … Read more

In the recent decision in Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14 the Judicial Committee of the Privy Council (the “Privy Council“) found that the Supreme Court of Mauritius was wrong to set aside an international arbitration award on the basis that the award was contrary to the public policy of Mauritius, … Read more

Herbert Smith Freehills has secured an important victory in Hong Kong proceedings with far-reaching consequences for arbitration disputes around the world. Many commercial contracts contain “escalation clauses” requiring parties to take certain steps before formal arbitration begins – such as a requirement to “negotiate in good faith” before starting arbitration. Previously, failure to comply with … Read more

“Losing does not equate to procedural unfairness” – Justice Martin Losers beware! A recent decision of the Supreme Court of Western Australia has reaffirmed its support of the arbitral system and processes, and made it very clear that attempts to circumvent them will be met with short rebuke and may even be the subject of … Read more

In the recent decision of RAV Bahamas Ltd and another v Therapy Beach Club Incorporated the Judicial Committee of the Privy Council (the “Privy Council”) considered that s90 of the Bahamas Arbitration Act 2009 (the “Bahamas Arbitration Act”) – which provides for challenges to arbitration awards on the grounds of serious irregularity – did not … Read more

The English High Court has declined to set aside an arbitral award, despite the fact that the Defendant had allegedly failed to comply with certain pre-conditions to arbitration agreed in a multi-tiered dispute resolution clause. The Court said that the alleged non-compliance was a question of admissibility of the claim before the tribunal and not … Read more

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

In a landmark judgment issued on 27 October 2020, Egypt’s Court of Cassation (the “Court”) upheld a decision of the Cairo Court of Appeal refusing to set aside an award issued by the Cairo Regional Center for International Commercial Arbitration (“CRCICA”). Read more