Tag Archives: ICC arbitral award

The ICC standard arbitration clause potentially invalid in Russia

According to Russian media, the ICC has recently applied to the Russian Supreme Court (“SC“) asking that it clarify the approach of Russian courts to the ICC standard arbitration clause demonstrated in one of their cases (No. A40-176466/17). In this … Continue reading

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Filed under Arbitration clauses, Court intervention, Enforcement, Russia

“We will pay for delays” – ICC clampdown on its award scrutiny process

On 13 July 2016, the International Chamber of Commerce ("ICC") issued its revised Practice Note allowing for a reduction in ICC administrative fees of up to 20% for unjustified delays in the ICC's award scrutiny process. The revised Practice Note … Continue reading

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Filed under Awards, Costs, Institutions

French Supreme Court declares inadmissible appeal of Court of Appeal’s decision to seek an opinion from the CJEU

In Cass. Civ. 1re, 18 novembre 2015, n°14-26.482, the French Supreme Court considered an appeal from a Court of Appeal decision seeking an opinion from the CJEU on the applicability of European competition law in the context of proceedings to … Continue reading

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Filed under Awards, EU, EU Law, Europe

New ruling of the French Cour de cassation in the Tecnimont judicial saga on challenge of an arbitrator

In Avax v Tecnimont (Civ. 1ère, 25 June 2014, pourvoi n° 11-26.529) the French Supreme Court reviewed the Paris Court of Appeal’s decision regarding the effect of the time limits in institutional rules on the judge reviewing the award.  On … Continue reading

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Filed under Arbitrators, Awards, Europe

Cukurova v Sonera: Privy Council dismisses backdoor attempt to challenge tribunal’s findings at the enforcement stage

In the case of Cukurova Holdings AS v Sonera Holding BV [2014] UKPC 15, the Privy Council considered an appeal from the Court of Appeal of the BVI. The appellant (Cukurova) argued that permission to enforce an ICC arbitration award … Continue reading

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Filed under Awards, Enforcement, New York Convention

Hong Kong Court of Final Appeal Confirms Principle of Indemnity Costs for Unsuccessful Set Aside Application

In the latest instalment of Pacific China Holdings Ltd (in Liquidation) v Grand Pacific Holdings Ltd, the Hong Kong Court of Final Appeal has confirmed that parties who unsuccessfully challenge arbitral awards will generally be ordered to pay costs on … Continue reading

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

India liable under BIT for extensive judicial delays

An UNCITRAL tribunal in Singapore has held that the Republic of India breached its obligation under the India-Kuwait bilateral investment treaty (BIT) to provide investors with an “effective means of asserting claims and enforcing rights” through undue delay in the … Continue reading

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Filed under Enforcement, Hong Kong & China, India, Investment Arbitration, New York Convention, South East Asia