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HONG KONG COURT GIVES “DUE WEIGHT” TO SUPERVISORY COURT ON ENFORCEMENT

In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment, Chan J took into account public policy … Continue reading

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HONG KONG COURT REFUSES SET ASIDE, REJECTS PUBLIC POLICY CHALLENGE

In Paloma Co. Ltd. v. Capxon Electronic Industrial Co. Ltd [[2018] HKCFI 1147], the Hong Kong Court of First Instance rejected a public policy challenge to a New York Convention Award rendered by a tribunal in Japan. The Respondent applied … Continue reading

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HERBERT SMITH FREEHILLS – SMU ASIAN ARBITRATION LECTURE

Sir Christopher Greenwood: Investor-State Arbitration: Is there a Future? This year marks the eighth edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture Series. We are delighted that Sir Christopher Greenwood GBE, CMG, QC, will deliver the lecture … Continue reading

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HONG KONG COURT “RELUCTANTLY” ISSUES TEMPORARY STAY OF ENFORCEMENT

In Baosteel Engineering & Technology Group Co. Ltd. v. China Zenith Chemical Group Ltd. [HCCT 7/2018], the Hong Kong Court of First Instance granted a temporary stay of enforcement of an arbitral award. In order to ensure that the award … Continue reading

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Progress towards a Multilateral Investment Court? EU-momentum building and divisions in UNCITRAL Working Group III

In the past few years, discontent about Investor-State Dispute Settlement (ISDS, a recognised shorthand for ad hoc arbitration of investor-state disputes) has been fomenting in various parts of the world but nowhere more so than within the EU. The European … Continue reading

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Filed under CPTPP, Investment Arbitration, ISDS, News, Public International Law, Trade Agreements, Uncategorized

Indian Courts settle key issues relating to enforcement of awards

In five recent judgments, the Indian courts have offered important guidance on the enforcement of both domestic and international awards in India. This post first discusses three judgments of the Supreme Court of India (“Supreme Court“), clarifying the interpretation of … Continue reading

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2018 International Arbitration Survey – Enforcement of Arbitration Awards in the ASEAN region

This year marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, the “New York Convention”. Widely seen as one of the most successful international law treaties, the New York Convention was the … Continue reading

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English Court of Appeal reinstates the appointment of an arbitrator on the basis that he qualifies for appointment under the arbitration clause

In Allianz Insurance and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434, the English Court of Appeal has reversed the decision of the High Court on whether a party-appointed arbitrator met the contractual requirements as to requisite … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Arbitrators, Europe, Uncategorized

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

Justin D’Agostino to lead ICC Court’s new Belt and Road Commission

Justin D’Agostino, Herbert Smith Freehills’ Global Head of Disputes, has been appointed chair of a new ICC Court commission to develop the ICC’s approach to dispute resolution procedures for China’s Belt and Road initiative. “There is no ‘one-size-fits-all’ method of … Continue reading

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