IRAQ WILL BECOME THE 168TH SIGNATORY TO THE NEW YORK CONVENTION

On March 4, 2021, the Parliament of Iraq passed the “Law on the Accession of the Republic of Iraq to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards,” which, upon being published in the Official Gazette, will formally ratify the country’s anticipated accession to the Convention on the Recognition and … Read more

Hong Kong court sets aside award for wrongful identification of party

In arbitral proceedings where the respondent was wrongly named, the Hong Kong Court of First Instance has set aside the arbitral award on the basis that the named respondent is not a party to the arbitration agreement and was not given proper notice of the proceedings. This rare example of a successful set-aside application demonstrates … Read more

Malaysian High Court clarifies limits of post-award court intervention

For the first time in recent years, the Malaysian courts have clarified the limits of judicial intervention under Malaysian law once an arbitral award has been issued. The Malaysian High Court held that the powers of Malaysian courts in respect of arbitral awards are limited to their recognition and enforcement under Section 38 of the … Read more

Hong Kong court refuses enforcement where due process denied

In a rare move, the Hong Kong Court of First Instance has refused to enforce an arbitral award, rejecting an appeal from its earlier decision to set aside the enforcement order. X v Y  [2020] HKCFI 2782 Background The dispute arose between X, a Taiwanese life insurance company as investor and pledger, and the Bank … Read more

HIGH COURT OF GUJARAT FINDS THAT TWO INDIAN PARTIES CAN CHOOSE A FOREIGN SEAT OF ARBITRATION BUT CANNOT OBTAIN INTERIM RELIEF IN INDIAN COURTS

The Gujarat High Court (the “Court”) recently handed down a significant decision in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited, Arbitration Petition No. 131 and 134 of 2019, confirming that two Indian parties are permitted to choose a foreign seat of arbitration, and that the award from such an arbitration … Read more