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

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

ENGLISH COURT BLOCKS PARTY’S ATTEMPT TO ADVANCE NEW ARGUMENTS IN RESPECT OF POINT ALREADY DECIDED IN PRELIMINARY ISSUE

In the recent decision of Daewoo Shipbuilding and Marine Engineering Company Limited v Songa Offshore Equinox Ltd [2020] EWHC 2353 (TCC), the English Technology and Construction Court (the “Court”) dismissed an application seeking permission to appeal two arbitral awards on identical terms under s69 of the Arbitration Act 1996 (the “Act”) and to set aside … Read more

ENGLISH HIGH COURT CHARACTERISES UNSUCCESSFUL CHALLENGE TO AWARD UNDER S68 AS “SEEKING TO ATTACK AN ARBITRATOR’S FINDINGS OF FACT AND HER EVALUATION OF THE EVIDENCE” UNDER GUISE OF PROCEDURAL IRREGULARITY

In the recent decision in ASA v TL [2020] EWHC 2270 (Comm), the English High Court (the “Court”) rejected an application brought by ASA under s68 Arbitration Act 1996 (the “Act”) that sought to challenge an arbitral award on the basis of two alleged serious procedural irregularities. ASA had contended that the arbitrator had decided … Read more

NOW OR NEVER: MALAYSIA CONFIRMS FAILURE TO OBJECT WAIVES RIGHT TO CHALLENGE

In Sunway Creative Stones Sdn Bhd v Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd and Anor [2020] MLJU 658, the Malaysian High Court refused to set aside an arbitral award because the applicant had not challenged the arbitrator’s jurisdiction and conduct when the issues arose during the arbitral proceedings. The Court emphasised that such lack … Read more