Kei (a protected party by his litigation friend) v Hua She Asset Management (Shanghai) Company Ltd [2022] EWHC 662 (Comm), before Miss Julia Dias QC (sitting as a Deputy High Court Judge in the Commercial Court). The English High Court restated the principles applicable to a section 103 application under the Arbitration Act 1996 (the … Read more

The Hong Kong Court recently considered in G v X, GMCI, GMCC [2022] HKCFI 829 whether a freezing order granted in support of the enforcement of a CIETAC arbitral award ought to have been granted. The freezing order was opposed on the basis that there was material non-disclosure and that there was no good arguable … Read more

In Arjowiggins HKK2 LTD v. X Co [2022] HKCFI 128, the Hong Kong Court of First Instance set aside an arbitral award on the basis that it fell outside the scope of the parties’ submission to arbitration. Specifically, the award contained an order on an issue which had not been raised, or pleaded, by the … Read more

In the recent decision of General Dynamics United Kingdom Ltd v State of Libya [2022] EWHC 501 (Comm) the English Commercial Court refused to set aside an arbitration enforcement order against the State of Libya. Because the case considers issues of state immunity, the article can be found on the HSF Public International Law Notes blog … Read more

On a rare occasion, the Court of First Instance has set aside an enforcement order for a Mainland award (made under the auspices of the Zhanjiang Arbitration Commission) on the basis that the underlying contract was a sham, the arbitration agreement was not valid, and thus it would be contrary to public policy to enforce … Read more

We are pleased to invite you to attend “Digital Disputes and decentralised justice: the possible vs the practical in arbitration”, which Herbert Smith Freehills will be hosting in association with Lexology and GAR. Read more

In a recent post, we considered the careful and considered approach taken by Australian courts in striking the balance between a pro-enforcement stance and critical due process safeguards when enforcing foreign arbitral awards. In Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu [2021] FCA 477, the Federal Court of Australia maintained this balance by … Read more

In the recent case of EBJ21 v EB021 [2021] FCA 1406 award creditors sought recognition and enforcement of an arbitral award that had already been paid in time and in full. The award debtors resisted the application arguing that it was an improper attempt to circumvent the agreed upon confidentiality arrangement by bringing the dispute … Read more