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

DETERRING AND SANCTIONING “SPECULATIVE” CHALLENGES TO ARBITRAL AWARDS IN THE ENGLISH COURT: REVISIONS TO THE COMMERCIAL COURT GUIDE

In 2013 the English Court introduced provisions into section O of the Commercial Court Guide designed to deter parties from mounting “speculative” challenges of arbitral awards on the grounds of serious irregularity under s68 of the Arbitration Act 1996 (the Act) (see our blog post here). Small additional changes were also made in 2017. Yesterday … Read more

ENGLISH COURT OF APPEAL DECIDES QUESTION OF LAW ARISING FROM APPLICATION TO DETERMINE PRELIMINARY POINT OF LAW UNDER S45 ARBITRATION ACT 1996

The English Court of Appeal (the Court) has recently decided a key question of shipping law in The Eternal Bliss [2021] EWCA Civ 1712, following an appeal from the decision of the High Court. The question arose last year before the High Court following the parties to an arbitration bringing an application under s45 Arbitration … Read more

OVERVIEW OF THE LATEST COURT PRACTICE ON THE RUSSIAN SANCTIONS-RELATED AMENDMENTS—IS WINTER COMING?

This analysis was first published on Lexis®PSL on 29 October 2021 and can be found here (subscription required). Ivan Teselkin, partner, Maria Dolotova, of counsel, Alexander Gridasov, senior associate, and Sergei Eremin, senior associate, of Herbert Smith Freehills provide an overview of Russian court decisions on the impact of recent amendments to Russian law relating … Read more

MALAYSIA: HIGH COURT DECLINES TO STAY ARBITRATION PROCEEDINGS ON THE BASIS OF A NON-SIGNATORY’S ALLEGATION OF BRIBERY AND CORRUPTION UNDERLYING THE CONTRACT

In Vertex Superieur Sdn Bhd & Anor v Shell Malaysia Trading Sdn Bhd (Civil Suit No. BA-22C-5-03/2020), the Malaysian High Court refused to stay court proceedings brought in breach of an arbitration agreement on the basis that it was in the public interest that allegations by a non-signatory that an underlying contract was procured by … Read more

ENGLISH COURT OF APPEAL ORDERS THE PUBLICATION OF TWO JUDGMENTS IN AN ARBITRATION CLAIM BETWEEN MANCHESTER CITY FOOTBALL CLUB AND THE PREMIER LEAGUE

In Manchester City Football Club Ltd v Football Association Premier League Ltd and others [2021] EWCA Civ 1110, the English Court of Appeal considered whether to order the publication of a High Court judgment that rejected challenges to an arbitral award under sections 67 and 68 of the English Arbitration Act. Weighing the factors militating … Read more