THE FINAL DECISION IN THE VIDATEL CASE: THE APPLICATION OF THE PRINCIPLE OF EQUALITY IN THE CONSTITUTION OF THE ARBITRAL TRIBUNAL

In Vidatel v. PT Ventures, Mercury and Geni case (Cass. Civ. 1ère, 9 November 2022, No 21-17203), the French Supreme Court upheld the 2021 decision of the Paris Court of Appeal (26 January 2021, n°19/10666), rejecting Vidatel Ltd’s (Vidatel) request to set aside the 2019 ICC award rendered in favour of PT Ventures SGPS (PTV).  This case provides interesting further guidance on how the French courts may approach the principle of equality and how it can interact with the parties’ arbitration agreement.

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Hong Kong court declines to grant time extension to a set-aside application which was made seven days after the statutory deadline

In A v D [2020] HKCFI 2887, the Hong Kong Court of First Instance refused to extend time for the applicants (the “Applicants”) to apply to set aside an arbitral award on the basis that the Applicants failed to give any satisfactory explanation for their delay in making the application.  The Court further found that, even considering the merits of the application, there were no prospects of persuading the Court to exercise its discretion to grant the time extension sought.

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