Awards

Astro v Lippo: First Media appeal succeeds in Hong Kong

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, … Continue reading

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Filed under Asia, Awards, Challenges to awards, East Asia, Enforcement, Hong Kong & China

English Court holds that the time limit for appeal of an award runs from the date of the award, unless there is a “material” correction to the award

In a decision dated 16 March 2018, the English Commercial Court (the “Court“) dismissed the application of appeal under s69 of the English Arbitration Act 1996 (the “Act“) by Daewoo Shipbuilding & Marine Engineering Company Limited (“DSME“) on the ground … Continue reading

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Filed under Arbitration Act 1996, Arbitration laws, Awards, Challenges to awards, Europe

The English court sets aside a Tribunal’s findings of lack of jurisdiction under a BIT

In a decision dated 2 March 2018 (the “Decision“), the English High Court has set aside parts of an award on jurisdiction (the “Award“) from a London-seated arbitration (the “Arbitration“) concerning claims brought by GPF GP S.a.r.l (“Griffin“) against Poland … Continue reading

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Filed under Awards, Challenges to awards, Court intervention, Investment Arbitration, Jurisdiction, Public International Law, Uncategorized

The English Court of Appeal substitutes one anti-suit injunction for another (more limited one)

The English Court of Appeal is the latest court to weigh in on this long-running dispute spanning multiple jurisdictions between Messrs Emmott and Wilson, relating to an agreement to establish a “quasi-partnership”. Following an appeal brought by Mr Emmott against … Continue reading

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Filed under Arbitration proceedings, Australia, Awards, Court intervention, Europe

Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor’s contributory action and failure to obtain a social license

In an award dated 30 November 2017 (the “Award“), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the “Claimant“) following its finding that a 2011 decree (“Decree 032“) constituted an unlawful indirect expropriation … Continue reading

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Filed under Awards, Damages, International Human Rights, Investment Arbitration, ISDS, The Americas

The Federal Court of Australia recognises and enforces ICSID award

  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 … Continue reading

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Filed under ADR, Arbitration laws, Australia, Awards, Enforcement, ISDS, Regions

ITLOS rules in favour of Ghana in long-standing maritime dispute with Côte d’Ivoire

On 23 September 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered its judgment on the longstanding maritime boundary dispute between Ghana and Côte d’Ivoire. The Special Chamber reconfirmed the relevance of the … Continue reading

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Filed under Africa, Awards, Boundaries and Delimitation, Public International Law, UNCLOS

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

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 … Continue reading

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Filed under Arbitration laws, Awards, Enforcement, Enforcement - Europe, Europe

Sovereign immunity in the DIFC Court

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 … Continue reading

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Filed under Awards, Challenges to awards, DIFC, Enforcement, Jurisdiction, Middle East, Sovereign Immunity

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

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 … Continue reading

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Filed under Asia, Awards, Challenges to awards, Enforcement, Hong Kong & China