Regions

LCIA-MIAC Joint Venture Agreement Terminated

The London Court of International Arbitration (the LCIA) and the Government of Mauritius have announced the termination of their joint venture which established the LCIA-MIAC Arbitration Centre. LCIA-MIAC was created in 2011 as a focal point for international arbitration in … Continue reading

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Filed under Africa, Arbitration clauses, Arbitration rules, Europe, Institutions

Reliance v Union of India: English Court confirms that there is no serious irregularity under s68(2)(a) if an issue of construction decided by the tribunal is “squarely in play”

In Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English commercial court (the Court) considered a number of challenges to parts of an arbitration award brought under sections 67, 68 and 69 of … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Challenges to awards, Europe, India, Procedures in arbitration

HONG KONG COURT OF FIRST INSTANCE STAYS COURT PROCEEDINGS TO ARBITRATION, REITERATES S.20 PRINCIPLES

In Leung Kwok Hung trading as Kaiser (M&E) Decoration Engineering Company v. Johnson Controls Hong Kong Limited [HCCT 56/2017], the Hong Kong Court of First Instance granted the Defendant’s application under s.20 of the Arbitration Ordinance, staying Court proceedings in … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Asia, Court intervention, Hong Kong & China

State to state dispute resolution in the UK Government’s White Paper: arbitration with a potential role for the CJEU

The White Paper published yesterday, “The Future Relationship between the United Kingdom and the European Union”, includes the UK Government’s proposal for the resolution of disputes between the UK and the EU under what the UK Government views as an … Continue reading

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Filed under Brexit, EU, EU Law, Europe, Trade Agreements

Herbert Smith Freehills expands New York offering with top disputes hire

Herbert Smith Freehills has further strengthened its New York offering with the hire of Partner Peter Behmke, a leading litigator in the market. Peter joins the firm from Curtis, Mallet-Prevost, Colt & Mosle, where he was a partner. Lauded by … Continue reading

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Filed under News, The Americas

English Court dismisses attempt to set aside LCIA award on grounds of serious irregularity

In the recent case of X v Y [2018] EWHC 741 (Comm), the English High Court dismissed an application to set aside an arbitral award under s68 of the English Arbitration Act 1996 (the Act) on the basis that the … Continue reading

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Filed under Arbitration Act 1996, Awards, Challenges to awards, Europe, Procedures in arbitration

HONG KONG COURT OF APPEAL: COMMON LAW ACTIONS AVAILABLE TO ENFORCE ARBITRAL AWARDS

Two key developments emerge from the long-running proceedings in Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2 HKLRD 1106 and Xiamen Xinjingdi Group Co Ltd v Eton Properties [2018] HKCFI 910. The Hong Kong Court of Appeal … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Arbitration rules, Asia, Awards, Enforcement, Hong Kong & China, Jurisdiction

Win some, lose some: English court considers contractual limit on period to bring a claim in arbitration under section 12 of the Arbitration Act 1996

The English Commercial Court (the Court) has considered[1] the principles governing contractual time-bars and an application under s12 of the English Arbitration Act 1996 (the Act) to extend a contractually agreed limitation period to allow the claimant to bring claims … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Europe

Award dismissing a claim for inordinate and inexcusable delay survives challenge in the English court

In Grindrod Shipping Pte Ltd v Hyundai Merchant Marine Co. Ltd, the English High Court (“the Court“) rejected an application under s68 of the Arbitration Act 1996 (“the Act“) to challenge an Award (the “Award“). Six years after the proceedings … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Arbitrators, Challenges to awards, Costs, Europe

West Tankers principle unaffected by Recast Brussels Regulation; mandatory foreign jurisdictional rules do not encroach on scope of widely worded arbitration clause

In Nori Holdings Limited et al v PJSC Bank Okritie Financial Corporation [2018] EWHC 1343 (Comm) the English court has applied the Recast Brussels Regulation, finding that the West Tankers principle remains applicable and, as a consequence, refused to grant … Continue reading

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Filed under Arbitrability, Arbitration clauses, Arbitration proceedings, Brussels Regulation, Court intervention, Europe, Jurisdiction, Russia