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In Gao Haiyan and another v. Keeneye Holdings and another CACV 79/2011, the Hong Kong Court of Appeal has allowed the enforcement of a mainland Chinese arbitral award, reversing a decision of the Court of First Instance to refuse enforcement on the grounds of public policy. The judgment contains useful guidance for practitioners and parties … Read more
Under the LCIA Arbitration Rules, a party to an LCIA administered arbitration can challenge the appointment or conduct of an arbitrator “if circumstances exist that give rise to justifiable doubts as to his impartiality or independence.” The LCIA Court will decide the challenge and will write a reasoned decision which is conveyed to the parties … Read more
The Singapore Court of Appeal has overturned a High Court judgment setting aside an arbitral tribunal’s decision on public policy grounds. The tribunal had found that a settlement agreement entered into between the parties was legal and enforceable. The High Court set aside the arbitral tribunal’s decision on the basis that the settlement agreement was … Read more
On 2 November 2011, the Reims Court of Appeal set aside an ICC partial award, Avax v Tecnimont, due to the failure of the Chair of the tribunal to disclose his law firm’s representation of companies affiliated to one of the parties during the arbitration proceedings. This decision is the latest episode in a long-running … Read more
In its decision of 4 August 2011, a majority tribunal took a monumental decision to accept a “mass claim” under the ICSID rules in relation to Argentina’s debt default in 2002. Such was the controversy of the decision in Abaclat and Others v Argentina that it has led to a challenge to two of the … Read more
In African Fertilizers and Chemicals Nig v BD Shipsnavo, the Commercial Court held that a declaratory award on the jurisdiction of an arbitral tribunal is enforceable (under section 66 of the Arbitration Act 1996), allowing judgment to be entered in the same terms as the arbitral award. This decision is of particular relevance because proceedings … Read more
In Deutsche Bank v Tongkah Harbour, the UK Commercial Court was asked to consider a suite of contracts dealing with the financing of a gold exploration and mining business. The two key contracts (a facility agreement and an export contract) both contained English court jurisdiction clauses, but gave the bank an option to refer disputes … Read more
