The Supreme Court has today concluded that both the Court of Appeal and the High Court were right to refuse to enforce an Award obtained by Dallah against the Government of Pakistan. The decision clarifies the scope of the doctrine of competence-competence in England, that is the power of an arbitral tribunal to determine its … Read more

In Guangzhou Dockyards Co. Ltd v E.N.E. Aegiali I [2010] EWHC 2826 (Comm), a judgment of 5 November 2010, the Commercial Court dismissed an appeal against an arbitral award made on a question of fact. In his judgment, Blair J considered it “very doubtful” that the court had jurisdiction to hear an appeal of arbitrators’ … Read more

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On 22 June 2010, the English Court of Appeal made a ruling with potentially wide-ranging repercussions in the context of parties’ freedom to choose their arbitral tribunal. In Jivraj and Hashwani, it was held that the Equality (Religion and Belief) Regulations 2003 rendered an arbitration agreement in a commercial contract void. This was the first … Read more

On 26 February 2010, the Tokyo High Court upheld the Tokyo District Court’s Decision No. 3 of 28 July 2009, refusing to overturn an arbitral award pursuant to Japan’s Arbitration Law of 2003 (the “Arbitration Law“). Article 44 of the Arbitration Law sets out six grounds for setting aside an arbitral award, including: (a) that … Read more

In Jivraj and Hashwani, a decision published yesterday, 22 June 2010, the English Court of Appeal has unanimously held that the Equality (Religion and Belief) Regulations 2003 (the “Regulations“) rendered an arbitration agreement in a commercial contract void. This decision will restrict parties’ ability to select characteristics of arbitrators in commercial agreements. This is the … Read more

On 9 June 2010, the UN Security Council voted in favour of fresh sanctions against Iran over its nuclear programme which will have practical implications for many corporate entities. In the light of these new sanctions, companies must exercise extreme vigilance if and when conducting business with Iranian entities. The regime also has wider repercussions … Read more