Tag Archives: Appeal

US Court blocks enforcement of award due to effect of the terms of arbitration agreement

In Diag Human S.E. v Czech Republic Ministry of Health, the United States District Court for the District of Columbia (the Court) has dismissed an application brought by Diag Human (Diag) to enforce a 2008 arbitration award it obtained against … Continue reading

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Filed under Arbitration clauses, Enforcement, Europe, Procedures in arbitration, The Americas

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

English High Court considers the requirement to “exhaust” any available arbitral process of appeal before challenging an arbitral award under the Arbitration Act 1996

In an anonymised judgment dated 11 June 2014, Mr Justice Andrew Smith considered whether the terms of section 70(2) and/or section 73(2) of the Arbitration Act 1996 (the Act) precluded the Claimants (referred to as A) from bringing a challenge … Continue reading

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Filed under Arbitration rules, Awards, Challenges to awards, Europe

Commercial Court refuses enforcement of arbitral award due to issue estoppel

In Diag Human Se v Czech Republic, the English Commercial Court refused enforcement of a New York Convention Award (the Award) of over 8.3 billion Czech Crowns (approximately GBP245 million) against the Czech Republic, overturning an earlier 2011 English court … Continue reading

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Filed under Awards, Challenges to awards, Enforcement, Enforcement - Europe, Europe, New York Convention

Europe consults on investment protection and ISDS in the TTIP

The European Commission has launched a public consultation on its proposed approach to investment protection and investor-state dispute settlement (ISDS) provisions in the Transatlantic Trade and Investment Partnership (the TTIP).  The TTIP is a free trade agreement currently in negotiation … Continue reading

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Filed under Costs, EU Law, Europe, Investment Arbitration, The Americas