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In an appellate judgment, the Full Court of the Federal Court of Australia has ruled that a foreign arbitral award is not enforceable because the arbitral tribunal was not constituted strictly in accordance with the parties’ arbitration agreement. Notably, the decision also considers the courts’ discretion to enforce an award even where a party establishes … Read more
In a recent post, we discussed Australia’s pro-enforcement approach to foreign arbitral awards. A recent case of the Victorian Court of Appeal (VCA) affirms this approach in relation to domestic awards. In Pinchus Feldman and Yosef Feldman v Corey Stephen Tayar [2021] VSCA 185, the VCA considered an appeal from a decision to order enforcement … 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
A recent case of the Federal Court of Australia affirms the Australian courts’ pro-enforcement approach to foreign arbitral awards under the regime of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). In Neptune Wellness Solutions, Inc v Azpa Pharmaceuticals Pty Ltd [2021] FCA 676, the Federal Court applied … Read more
In a previous post, we reported the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, which was concluded on 27 November 2020. The Supplemental Arrangement was a welcome development that clarified and removed certain restrictions in the mutual enforcement regime between Hong Kong and Mainland … Read more
Settling a much-litigated issue, the Supreme Court of India (“Court”) recently decided that two Indian parties can choose a foreign (non-Indian) seat of arbitration. Some courts had previously held that at least one party had to be a non-Indian person or company for such a clause to be effective. The Court clarified the position and … Read more
We are pleased to be a part of a webinar being hosted by Streamsowers & Köhn on ‘Arbitration Law and Practice in Nigeria‘, taking place on 28 April 2021. Arbitration has long been recognised globally as a more commercial means of resolving disputes, especially where contracting parties are from different jurisdictions and is currently undergoing … Read more
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
In the recent case of M v N [2021] EWHC 360 (Comm), the English High Court upheld its earlier decision to allow alternative service outside the Hague Service Convention (“HSC”) of an order granting enforcement of an award under section 66(1) of the Arbitration Act 1996 (“1996 Act”). This decision is in line with the … Read more
