Challenges to awards

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

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 … Continue reading

Leave a Comment

Filed under Challenges to awards, Enforcement, Europe, Investment Arbitration, Jurisdiction

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

Leave a Comment

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

Leave a Comment

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

Australian Court sets aside an international arbitration award and removes an arbitrator

The respondents in an international commercial arbitration were successful in the Federal Court in Australia in setting aside parts of two partial awards and removing the sole arbitrator pursuant to Articles 12, 18 and 34 of the UNCITRAL Model Law. … Continue reading

Leave a Comment

Filed under ADR, Arbitration laws, Australia, Awards, Challenges to awards

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

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 … Continue reading

Leave a Comment

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

HONG KONG HIGH COURT APPOINTS RECEIVERS AS INTERIM MEASURE IN SUPPORT OF ARBITRATION PROCEEDINGS IN MAINLAND CHINA

A recent judgment from the Hong Kong High Court (Chen Hongqing v Mi Jingtian) illustrates the manner in which parties may seek interim relief in Hong Kong to support arbitral proceedings being conducted elsewhere – in this case, the appointment … Continue reading

Leave a Comment

Filed under ADR, Asia, Challenges to awards, Hong Kong & China

Delhi High Court allows enforcement of arbitral awards despite foreign exchange regulations

Two recent judgments from the Delhi High Court affirm the court's pro-enforcement stance on foreign arbitral awards and offer welcome guidance on the exit rights of foreign investors in Indian companies, an important subject for many companies looking to invest … Continue reading

Leave a Comment

Filed under Asia, Challenges to awards, Enforcement, India

Hong Kong Court confirms pro-arbitration stance

In U v A [2017] HKEC 468, the Hong Kong Court of First Instance dismissed an application to set aside an Order for enforcement of an ICC award rendered in Hong Kong. In her judgment, Mimmie Chan J reiterated that … Continue reading

Leave a Comment

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

Astro prevails again against First Media (Lippo) in Hong Kong

In the long running Astro/First Media (also known as Lippo) enforcement dispute, First Media has failed to obtain leave to appeal to the Court of Final Appeal in Hong Kong in respect of First Media's recent loss in the Court … Continue reading

Leave a Comment

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

English Court considers unilateral communications between arbitrator and party and anonymisation of judgments related to an arbitration

In a recent challenge to an award made under s68 of the English Arbitration Act 1996, in Symbion Power LLC v Venco Imtiaz Construction Company the English Court considered the issue of unilateral communications between a party-appointed arbitrator and its … Continue reading

Leave a Comment

Filed under Arbitration proceedings, Arbitrators, Challenges to awards, Confidentiality