Category: Enforcement

ENFORCING FOREIGN ARBITRAL AWARDS IN RUSSIA: SURVEY FROM THE RUSSIAN ARBITRATION ASSOCIATION

9 April, 2019

In late November 2018, the Russian Arbitration Association (“RAA”) published a detailed study on the application of the New York Convention in Russia between 2008 and 2017. The Working Group of the RAA analysed 10 consecutive years of case law… Read more

HONG KONG COURT FINDS ENFORCEMENT OF ARBITRAL AWARD TIME BARRED

8 March, 2019

In CL v SCG [2019] HKCFI 398, the Hong Kong Court of First Instance found that enforcement of a 2011 arbitral award by CL was time barred, clarifying when a cause of action for failure to honour an award accrues… Read more

Hong Kong Court of Appeal ends 12-year Xiamen v Eton Properties saga

8 January, 2019

As discussed in this post, Xiamen Xingjingdi Group Co Ltd (XJ) and various co-defendants affiliated with Eton Properties Ltd (together, EP) have been involved in a long-running dispute in multiple fora, including a PRC-seated CIETAC arbitration and several Hong Kong… Read more

The ICC standard arbitration clause potentially invalid in Russia

17 November, 2018

According to Russian media, the ICC has recently applied to the Russian Supreme Court ("SC") asking that it clarify the approach of Russian courts to the ICC standard arbitration clause demonstrated in one of their cases (No. A40-176466/17). In this… Read more

Hong Kong Court Refuses Recognition of Mainland Award on Public Policy Grounds

5 November, 2018

On 18 October 2018, the Hong Kong Court of First Instance (Court) in Z v Y [2018] HKCFI 2342 refused to recognise an Award of the China Guangzhou Arbitration Commission by reason of public policy. Mimmie Chan J presided and… Read more

English High Court refuses to set aside order for enforcement under s103 in long-running dispute regarding ICC award

2 November, 2018

The English High Court has refused an application under s.103 of the Arbitration Act 1996 ("AA 1996") to set-aside an order allowing for the enforcement of an ICC award in England. The decision is the culmination of a long-running dispute… Read more

Arbitrating in the Kingdom of Saudi Arabia

1 November, 2018

Arbitration in the Kingdom of Saudi Arabia has been subject to material reform in recent years which has had a positive effect in the realm of dispute resolution. The new arbitration law, enacted by Royal Decree No. M/34 published in… Read more

First Emergency Arbitration Procedure in China

19 October, 2018

The Beijing Arbitration Commission (BAC) recently administered the first emergency arbitration proceeding in mainland China. Wei Sun was the emergency arbitrator who heard the application and he has since published a discussion of the matter online. Although the decision has… Read more

Indian Supreme Court rules that Indian courts have jurisdiction to hear an application to set aside an award issued in Malaysia

17 October, 2018

In its recent decision in Union of India v Hardy Exploration and Production (available here), the Supreme Court of India found that a contractual clause stipulating Kuala Lumpur as the 'venue' of arbitration did not amount to a choice of… Read more

English Court of Appeal refuses Micula Appeal against stay of ICSID Award but orders Romania to provide £150m Security

12 October, 2018

In Micula & Ors v Romania [2018] EWCA Civ 1801 the English Court of Appeal (the "Court") dismissed an appeal against the High Court's stay of enforcement of a 2013 ICSID award in favour of Swedish investors Ioan and Viorel… Read more

HONG KONG COURT GIVES “DUE WEIGHT” TO SUPERVISORY COURT ON ENFORCEMENT

10 October, 2018

In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment, Chan J took into account public policy… Read more

Be on time to preserve your right to Active Remedies – the Singapore High Court considers a party’s duty to apply promptly when challenging the jurisdiction of an arbitral tribunal

26 September, 2018

In Rakna Arakshaka Lanka Ltd ("RALL") v Avant Garde Maritime Services (Private) Limited ("AGMS") [2018] SGHC 78, the Singapore High Court dismissed an application to set aside an award on jurisdiction, on the basis that the applicant had failed to… Read more

HONG KONG COURT REFUSES SET ASIDE, REJECTS PUBLIC POLICY CHALLENGE

26 September, 2018

In Paloma Co. Ltd. v. Capxon Electronic Industrial Co. Ltd [[2018] HKCFI 1147], the Hong Kong Court of First Instance rejected a public policy challenge to a New York Convention Award rendered by a tribunal in Japan. The Respondent applied… Read more

English Court rejects Ukraine’s attempt to set aside enforcement order on grounds of state immunity

15 August, 2018

The English Court (the "Court") has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce an arbitral award against Ukraine. Ukraine argued that it was immune from the Court's jurisdiction by… Read more

Delhi High Court agrees to enforce CIETAC arbitral award against Indian company despite CIETAC split

7 August, 2018

In its decision of 4 July 2018, the Delhi High Court ("Court") has agreed to enforce a China International Economic and Trade Arbitration Commission (CIETAC) award against an Indian company, despite the award debtor's arguments that the dispute should have… Read more

HONG KONG COURT OF APPEAL: COMMON LAW ACTIONS AVAILABLE TO ENFORCE ARBITRAL AWARDS

28 June, 2018

Two key developments emerge from the long-running proceedings in Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2 HKLRD 1106 and Xiamen Xinjingdi Group Co Ltd v Eton Properties [2018] HKCFI 910. The Hong Kong Court of Appeal… Read more

Join us in Singapore to celebrate 60 years of the NY Convention

24 May, 2018

Enforcement of arbitration awards in SE Asia This year marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, commonly referred to as the "New York Convention". As one of the most successful… Read more

Indian Courts settle key issues relating to enforcement of awards

14 May, 2018

In five recent judgments, the Indian courts have offered important guidance on the enforcement of both domestic and international awards in India. This post first discusses three judgments of the Supreme Court of India ("Supreme Court"), clarifying the interpretation of… Read more

English Commercial Court releases s68 and s69 statistics: the high hurdle remains

3 May, 2018

On 29 April 2018, the Judiciary of England and Wales published the Commercial Court Users' Group Meeting Report – March 2018. Contained within that report are some statistics regarding the number and outcome of arbitration claims within the Commercial Court… Read more

Astro v Lippo: First Media appeal succeeds in Hong Kong

12 April, 2018

At its final attempt, First Media has overturned the Hong Kong courts' earlier decisions to enforce five arbitral awards against it. In a judgment dated 11 April, the Hong Kong Court of Final Appeal (CFA) unanimously allowed First Media's appeal,… Read more

Sudan becomes 159th contracting state to the New York Convention

11 April, 2018

Sudan has become the 159th Contracting State to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. On 26 March 2018, Sudan deposited its instrument of accession to the Convention with the UN Secretary General.… Read more

SPC publishes new judicial interpretations on arbitration

10 January, 2018

The Supreme People's Court of China (SPC) has released two judicial interpretations (Interpretations) on arbitration. The Interpretations were passed on 20 November 2017 and 4 December 2017. The texts of both were made public on 29 December 2017 and became… Read more

English Court rejects claim that notice of arbitration given in a foreign language is not proper notice

30 October, 2017

In a dispute between an English company and a Russian company, the English High Court (the Court) refused to set aside an order enforcing a Russian arbitration award on the grounds that the English company had not been given notice… Read more

The Federal Court of Australia recognises and enforces ICSID award

24 October, 2017

The Australian judiciary has again proven that Australia is a pro-arbitration destination, by recognising and enforcing an award and decision rendered under the rules of the International Centre for Settlement of Investment Disputes (ICSID). In Lahoud v The Democratic… Read more

US Court blocks enforcement of award due to effect of the terms of arbitration agreement

23 October, 2017

In Diag Human S.E. v Czech Republic Ministry of Health, the United States District Court for the District of Columbia (the Court) has dismissed an application brought by Diag Human (Diag) to enforce a 2008 arbitration award it obtained against… Read more

Paris court rejects application for review and withdrawal of arbitral enforcement order, despite allegations of fraud

5 October, 2017

The Paris Court of First Instance has rejected an application for the review and withdrawal of an enforcement order of an arbitral award, despite allegations of fraud and collusion between the arbitrator and the claimant. It also refused to the… Read more

PRC signs the Hague Convention on Choice of Court Agreements: a step forward in the resolution of cross-border litigation

29 September, 2017

On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements (Convention). The Convention, in force since 1 October 2015, seeks to provide certainty in cross-border litigation by allowing parties to choose… Read more

Article: Paris Court of Appeal upholds UNCITRAL award in Ukraine v OAO Tatneft

22 September, 2017

Laurence Franc-Menget has published an article in the Revue de l'arbitrage, the journal of the Comité Français de l'arbitrage, discussing the Paris Court of Appeal's decision on an application by Ukraine to annul an $112 million UNCITRAL award against it… Read more

Observations on Arbitration: video for in-house counsel on the Myths and Realities of Arbitration

18 September, 2017

In this short video in our Observations on Arbitration series, Professional Support Consultants Vanessa Naish and Hannah Ambrose talk about the myths and realities surrounding the arbitration process. The discussion draws out key points and common misconceptions about arbitration, touching… Read more

Sovereign immunity in the DIFC Court

30 August, 2017

Last week, the Dubai International Financial Centre Court issued its decision in Pearl Petroleum Company Limited & Others v The Kurdistan Regional Government of Iraq. The Court upheld its earlier decision which recognised two LCIA arbitration awards totalling US$2 billion… Read more

Astro/First Media: Leave to appeal granted in Hong Kong enforcement proceedings

25 August, 2017

In the long-running Astro v First Media dispute, the Court of Final Appeal of Hong Kong (CFA) has granted First Media leave to appeal against the Court of Appeal's decision refusing an extension of time to apply to set aside… Read more

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

24 August, 2017

On its face, the thrust of the UK Government's Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of the Court of Justice of the European Union (CJEU) to… Read more

PRC Court refuses to enforce an SIAC award made under Expedited Procedure

22 August, 2017

The Shanghai No.1 Intermediate Court (the Shanghai Court) recently refused to enforce a SIAC award under Article V(1)(d) of the New York Convention, which provides that the award may be refused if "[T]he composition of the arbitral authority or the… Read more

PRC court enforces HKIAC arbitration award in favour of Australian gold mining company

18 August, 2017

On 21 July 2017, the Beijing No. 4 Intermediate People's Court enforced a Hong Kong award in favour of Stonewall Resources Limited (Stonewall), an Australian listed gold mining company. The HKIAC award is related to breach by Shandong Qixing Iron… Read more

Hong Kong Court upholds refusal to stay execution of enforcement order

2 August, 2017

Overview The Hong Kong Court of First Instance (CFI) has denied leave to appeal its May 2017 decision in Israel Sorin (IZZY) Shohat v Balram Chainrai [2017] HKEC 1118. In that decision (see our previous post), Chow J refused to… Read more

Second Circuit Upends Enforcement of ICSID Awards in New York, Eliminates Circuit Split

17 July, 2017

In a ruling handed down on July 11, 2017, the United States Court of Appeals for the Second Circuit resolved a circuit split that had sown legal uncertainty on the correct procedure for the enforcement in the United States of… Read more

Recent developments in India-related international arbitration

11 July, 2017

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we will consider Indian court decisions, including the arbitrability of allegations of fraud and non-arbitrability of trust disputes by the Supreme Court. We… Read more

English Court Stays Enforcement of Micula ICSID Award Against Romania

7 July, 2017

In Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) the English High Court stayed enforcement of a 2013 ICSID award in favour of Swedish investors Ioan and Viorel Micula against Romania (the "Award"), but refused to set… Read more

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