Welcome to the twelfth issue of Inside Arbitration We are delighted to share with you the latest, new look issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice. Uncertainty has been the watchword of 2021 so far. As the Covid-19 pandemic continues to impact our work and personal lives many questions remain about … 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

In the recent decision in Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd [2021] EWHC 1094 (Comm) the English High Court (the “Court“) considered a rare application under s32 Arbitration Act 1996 (the “Act“) to determine a preliminary point of jurisdiction in circumstances where the arbitration clause was unclear on … Read more

In the recent case of Manek and others v IIFL Wealth (UK) Ltd and others [2021] EWCA Civ 625 (available here) the English Court of Appeal rejected a challenge to the jurisdiction of the English Commercial Court made on the basis that (amongst other issues) the claims fell within an arbitration clause. The Court of … Read more

The judgment of the Abu Dhabi Court of Cassation impacts the applicability of the principle of freedom of contract and provides lessons to contracting parties who are subject to an arbitration agreement and who may wish to challenge any judicial proceedings relating to a contractual dispute. We consider this judgment and its impact below. Read more

On 2 December 2020, the French Cour de Cassation (Cass Civ. 1, No. 19-15.396) overturned a decision by the Paris Court of Appeal that had dismissed an application to set aside an arbitral award on the basis that the applicant has waived its right to raise, when contesting the arbitral tribunal’s jurisdiction before the French … Read more

Earlier this year, the English High Court handed down a judgment (A v B [2020] EWHC 952 (Comm)) delivering a stern warning to claimants who were considering the enforcement of an arbitration award which did not establish a clear “right to payment” (see our previous blog post in connection with that decision.) In brief, the … Read more

In Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [CA Paris, 23 June 2020, n°17/22943], the Paris Court of Appeal refused to set aside an arbitral award handed down by an ICC Tribunal seated in Paris, although the same award had been denied enforcement and recognition in England on the basis that the award was … Read more