Tag Archives: Nick Peacock

ICC modifies standard arbitration clause to make explicit reference to the ICC International Court of Arbitration

As discussed in our recent blog post, the Moscow Arbitrazh Court and appeal courts recently found that a reference to the arbitration rules of an arbitral institution was not sufficiently clear evidence that the parties had agreed on that specific … Continue reading

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Filed under Arbitration clauses, Asia, Europe, Institutions

English Court upholds on paper dismissal of serious irregularity challenge with no prospects of success

The English High Court’s decision in Asset Management Corporation Of Nigeria v Qatar National Bank [2018] EWHC 2218 (Comm), handed down in July 2018 but only recently published, concerned the court’s dismissal on the papers of an application under section … Continue reading

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Filed under Africa, Arbitration Act 1996, Challenges to awards

English High Court refuses to set aside order for enforcement under s103 in long-running dispute regarding ICC award

The English High Court has refused an application under s.103 of the Arbitration Act 1996 (“AA 1996“) to set-aside an order allowing for the enforcement of an ICC award in England. The decision is the culmination of a long-running dispute … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Court intervention, Enforcement, New York Convention

Indian Government launches international research project on the impact of Bilateral Investment Treaties on investment flows from/to the country

India entered into its first bilateral investment treaty (BIT), with the United Kingdom, in 1994, as part of a strategy to attract inbound foreign direct investment (FDI). ┬áHaving begun to open its economy in the 1990s, India today is a … Continue reading

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Filed under Asia, India, India Disputes, Investment Arbitration, ISDS, Public International Law, Trade Agreements

Recent Developments in India-related International Arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we consider various court decisions, which cover issues such as the applicability of the Arbitration Amendment Act 2015, binding non-signatories to an award, … Continue reading

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Filed under Arbitrability, Arbitration laws, Arbitration proceedings, Asia, Global Pound Conference, India, India Disputes, Institutions, Investment Arbitration, ISDS, News

India’s lower house of Parliament approves further amendments to the Indian Arbitration Act

As previously reported here, a draft Bill to amend the Arbitration and Conciliation Act 1996 (the “Act“) was approved by the Indian Cabinet on 7 March 2018 (the “Bill“). The Bill was listed as a part of the agenda for … Continue reading

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Filed under Arbitration laws, Arbitrators, Asia, Confidentiality, India, India Disputes

Delhi High Court agrees to enforce CIETAC arbitral award against Indian company despite CIETAC split

In its decision of 4 July 2018, the Delhi High Court (“Court“) has agreed to enforce a China International Economic and Trade Arbitration Commission (CIETAC) award against an Indian company, despite the award debtor’s arguments that the dispute should have … Continue reading

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Filed under Asia, Enforcement, Hong Kong & China, India, India Disputes, Institutions

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

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

English Commercial Court orders stay of Lebanon-seated arbitration in ‘exceptional’ case

In the most recent decision in the Sabbagh family feud, Sabbagh v Khoury & Ors [2018] EWHC 1330 (Comm), the English Commercial Court ordered the stay of parallel Lebanon-seated arbitration proceedings. This was despite the tribunal in that case having … Continue reading

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Filed under Arbitration proceedings, Court intervention, Europe, Interim relief, Middle East