Tag Archives: public policy

Hong Kong Court Refuses Recognition of Mainland Award on Public Policy Grounds

On 18 October 2018, the Hong Kong Court of First Instance (Court) in Z v Y [2018] HKCFI 2342 refused to recognise an Award of the China Guangzhou Arbitration Commission by reason of public policy. Mimmie Chan J presided and … Continue reading

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Filed under Enforcement, Hong Kong & China, Uncategorized

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

HONG KONG COURT GIVES “DUE WEIGHT” TO SUPERVISORY COURT ON ENFORCEMENT

In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment, Chan J took into account public policy … Continue reading

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

HONG KONG COURT REFUSES SET ASIDE, REJECTS PUBLIC POLICY CHALLENGE

In Paloma Co. Ltd. v. Capxon Electronic Industrial Co. Ltd [[2018] HKCFI 1147], the Hong Kong Court of First Instance rejected a public policy challenge to a New York Convention Award rendered by a tribunal in Japan. The Respondent applied … Continue reading

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Filed under Asia, Awards, Enforcement, Hong Kong & China, New York Convention, Uncategorized

Indian Courts settle key issues relating to enforcement of awards

In five recent judgments, the Indian courts have offered important guidance on the enforcement of both domestic and international awards in India. This post first discusses three judgments of the Supreme Court of India (“Supreme Court“), clarifying the interpretation of … Continue reading

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Filed under Arbitration laws, Enforcement, India, Uncategorized

Delhi High Court allows enforcement of arbitral awards despite foreign exchange regulations

Two recent judgments from the Delhi High Court affirm the court's pro-enforcement stance on foreign arbitral awards and offer welcome guidance on the exit rights of foreign investors in Indian companies, an important subject for many companies looking to invest … Continue reading

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Filed under Asia, Challenges to awards, Enforcement, India

French Conseil d’État rules on scope of powers to set aside arbitral awards / Le Conseil d’État s’est prononcé sur l’étendue de son contrôle s’agissant de l’annulation d’une sentence arbitrale internationale

In a decision of 9 November 2016, the French Conseil d’État, France's highest administrative jurisdiction, ruled on the extent of its scope of review as regards annulment of an international arbitral award. The decision relates to an ICC arbitral award … Continue reading

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Filed under Advice on State Contracts and Disputes, Court intervention, Enforcement

Arbitration in the Middle East – expectations and challenges for the future

Craig Shepherd and Mike McClure from the HSF office in Dubai have co-edited a TDM (Transnational Dispute Management) Special entitled “Arbitration in the Middle East – expectations and challenges for the future”, that was published today.  The Special considers a … Continue reading

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Filed under Arbitration clauses, Awards, Middle East, News

Victorian courts reinforce commitment to international commercial arbitration

Giedo van der Garde BV v Sauber Motorsport AG [2015] VSC 80; Sauber Motorsport AG v Giedo van der Garde BV [2015] VSCA 37 The occasion of the Formula One Grand Prix in Melbourne in mid-March 2015 provided a further … Continue reading

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Filed under Arbitration laws, Australia, Awards

Supreme Court of India Clarifies the Scope of Public Policy grounds for Challenging a Domestic Arbitration Award under Section 34 of the Arbitration and Conciliation Act

In a decision handed down recently, the Supreme Court of India found that the Delhi High Court had overstepped its powers and wrongly set aside a domestic arbitration award. In the process, the Supreme Court has clarified the scope of … Continue reading

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Filed under Challenges to awards, India