Tag Archives: Nick Peacock

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

Leave a Comment

Filed under Arbitrability, Arbitration laws, Arbitration proceedings, Asia, Global Pound Conference, India, 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

Leave a Comment

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

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Luxury superyacht arbitration relaunched following rare section 45 application to the English court

In a recent decision, Goodwood Investments Holdings Inc. v Thyssenkrupp Industrial Solutions AG [2018] EWHC 1056 (Comm), the English court has considered a section 45 request for a ruling on a preliminary point of law. Requests of this nature are … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Court intervention, Europe

English Court holds that arbitration clauses in individual sales contracts govern the disputes arising from corrupt arrangement to induce the contracts when an “umbrella agent agreement” is silent about dispute resolution

In a decision dated 24 April 2018, the English Commercial Court (the “Court“) dismissed  challenges brought under s67 and s32 of the English Arbitration Act 1996 (the “Act“) by Dreymoor Fertilisers Overseas PTE Ltd. (“Dreymoor“). The case concerned the construction … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Challenges to awards, Europe, Jurisdiction

English Commercial Court releases s68 and s69 statistics: the high hurdle remains

On 29 April 2018, the Judiciary of England and Wales published the Commercial Court Users’ Group Meeting Report – March 2018. Contained within that report are some statistics regarding the number and outcome of arbitration claims within the Commercial Court … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Challenges to awards, Enforcement, Europe, News

Delhi High Court reaffirms pro-arbitration approach in two recent judgments

In two recent judgments, the Delhi High Court (the “Court“) dismissed challenges to arbitral awards and emphasised its reluctance to interfere with decisions of arbitral tribunals, except in limited circumstances. In NHAI v M/S. Bsc-Rbm-Pati Joint Venture, the Court strongly … Continue reading

Leave a Comment

Filed under Challenges to awards, Court intervention, India