Regions

Hong Kong courts can order interim relief against non-parties—but only sparingly

The decision in Company A and Others v Company B and Others [2018] HKCU 3575 confirms that Hong Kong courts can order interim relief in support of an arbitration, even against a person or entity which is not party to … Continue reading

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Filed under Asia, Hong Kong & China, Interim relief, Third-Party Rights

English court sets aside arbitration award for serious irregularity due to tribunal’s non-disclosure of novel point central to award

The odds of successfully challenging an arbitral award in the English Courts on the basis of s68 of the Arbitration Act 1996 (serious irregularity) remain low. In the recent past over 95% of s68 challenges have been unsuccessful and in … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Court intervention, Europe

Arbitrating in the Kingdom of Saudi Arabia

Arbitration in the Kingdom of Saudi Arabia has been subject to material reform in recent years which has had a positive effect in the realm of dispute resolution. The new arbitration law, enacted by Royal Decree No. M/34 published in … Continue reading

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Filed under Arbitration laws, Enforcement, Middle East

Contracting with governments: pitfalls, arbitration, sovereign immunity and enforcement

Entering into a contract with an entity owned or controlled by the state poses unique challenges not faced when dealing with a private commercial counterparty. Parties should be aware of certain distinctive features of negotiating with a state entity from … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration clauses, Middle East, Sovereign Immunity

HSF team play key role in significant ICSID Award dealing with an Intra-EU BIT Case

Members of the HSF Paris disputes team have played a key role in obtaining a successful ICSID award for Chèque Déjeuner (“CD“), the French meal voucher issuer. The claim related to tax reforms introduced by the Orban government which effectively … Continue reading

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Filed under EU Law, Europe, Investment Arbitration

Opening of the Abu Dhabi Global Market Arbitration Centre

On 17 October 2018, the Abu Dhabi Global Market Arbitration Centre (ADGMAC) officially opened its doors to any parties looking to resolve their disputes through arbitration or mediation. The ADGMAC, based in Al Maqam Tower, Al Mayrah Island, offers parties … Continue reading

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Filed under Middle East, UNCITRAL Model Law

English Court of Appeal refuses Micula Appeal against stay of ICSID Award but orders Romania to provide £150m Security

In Micula & Ors v Romania [2018] EWCA Civ 1801 the English Court of Appeal (the “Court”) dismissed an appeal against the High Court’s stay of enforcement of a 2013 ICSID award in favour of Swedish investors Ioan and Viorel … Continue reading

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Filed under Enforcement, Enforcement - Europe, EU, EU Law, Europe, Investment Arbitration

Indian Government launches international research project on the impact of Bilateral Investment Treaties on investment flows from/to the country

India entered into its first bilateral investment treaty (BIT), with the United Kingdom, in 1994, as part of a strategy to attract inbound foreign direct investment (FDI).  Having begun to open its economy in the 1990s, India today is a … Continue reading

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Filed under Asia, India, India Disputes, Investment Arbitration, ISDS, Public International Law, Trade Agreements

Be on time to preserve your right to Active Remedies – the Singapore High Court considers a party’s duty to apply promptly when challenging the jurisdiction of an arbitral tribunal

In Rakna Arakshaka Lanka Ltd (“RALL“) v Avant Garde Maritime Services (Private) Limited (“AGMS“) [2018] SGHC 78, the Singapore High Court dismissed an application to set aside an award on jurisdiction, on the basis that the applicant had failed to … Continue reading

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Filed under Arbitration laws, Asia, Enforcement, Jurisdiction, Procedures in arbitration

English Court refuses to grant an injunction against the enforcement of a s1782 US Evidence Order

In a decision dated 24 August 2018, the English Commercial Court (the “Court“) dismissed Dreymoor Fertilisers Overseas PTE Ltd’s (“Dreymoor“) application to continue an injunction preventing the enforcement of an order of a U.S. court granting discovery under section 1782 … Continue reading

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Filed under Arbitration proceedings, Confidentiality, Court intervention, Document production, Europe, Evidence, Procedures in arbitration, The Americas