Tag Archives: set aside

Inside Arbitration: Issue #5 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate, … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Asia, DIFC, Europe, Hong Kong & China, Interim relief, Investment Arbitration, ISDS, Middle East, Procedures in arbitration, Public International Law, Publications and Guides, South East Asia

English court sets aside tribunal’s award on jurisdiction, finding that the LCIA Rules do not permit a party to bring claims under multiple contracts in a single arbitration

In its recent decision in the case of A v B [2017] EWHC 3417 (Comm) (available here), the English Commercial Court (the “Court“) set aside the tribunal’s award upholding its own jurisdiction, on the grounds that the LCIA Rules 2014 … Continue reading

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Filed under Arbitration clauses, Arbitration proceedings, Arbitration rules, Challenges to awards, Europe, Institutions

Hong Kong Court of Appeal refuses to set aside final award

In a judgment handed down on  15 August 2016, the Hong Kong Court of Appeal has dismissed an appeal seeking to set an ICC award (Tronic International Pte Ltd v Topco Scientific Co Ltd and Others CACV 235/2013).

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Filed under Arbitration laws, Arbitration proceedings, Arbitration rules, Challenges to awards, Court intervention, Hong Kong & China, UNCITRAL Model Law

Round 2 to Russia: the battle continues as the largest arbitration awards in history are set aside by the Hague District Court

In a long-awaited decision published yesterday, the Hague District Court ("Court") has set aside the US$ 50 billion awards in favour of the former majority shareholders of Yukos on the basis that the Tribunals lacked jurisdiction to hear the disputes.  … Continue reading

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Filed under Awards

U.S. District Court allows Gold Reserve to enforce its award against Venezuela in Washington, D.C.: Gold Reserve Inc., v. Bolivarian Republic of Venezuela

In September 2014, Gold Reserve won a significant arbitral award ("Award") worth more than US$760 million (and counting, because of post-award interest) against Venezuela for breach of investor-protection standards under the Canada-Venezuela bilateral investment treaty ("Treaty"). In the arbitration, Gold … Continue reading

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Filed under Awards, Challenges to awards, Enforcement, Investment Arbitration, ISDS, New York Convention, Regions, The Americas

The Singapore High Court reiterates its reluctance to set aside arbitral awards except in “egregious cases”

In the case of Coal & Oil Co. LLC v GHCL Ltd [2015] SGHC 65, the Singapore High Court took the opportunity to reinforce that a party seeking to set aside an arbitral award on the grounds of breach of … Continue reading

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Filed under Asia, Awards, Challenges to awards, South East Asia

Staying enforcement of awards: the English Commercial Court offers practical guidance for both sides

In a recent decision Y and S [2015] EWHC 612, the English Commercial Court considered the circumstances in which the Court would (i) make an order suspending the enforcement of an award and (ii) make an order for the provision … Continue reading

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Filed under Arbitration Act 1996, Enforcement, Europe

Remission or Set Aside for an arbitral award where a challenge for serious irregularity is made out before the English courts?

In the case of The Secretary of State for the Home Department and Raytheon Systems Limited [2015] EWHC 311 (TCC) and [2014] EWHC 4375 (TCC), the English Court has set aside an arbitral award for serious irregularity under s68(2)(d). Mr … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Europe

Procedural fairness as a ground for setting aside awards: what’s fair is fair

In its recent decision in Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd [2014] SGHC 220, the Singapore High Court considered the grounds on which an arbitral award may be set aside for procedural unfairness and, in doing so, … Continue reading

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Filed under Arbitrators, Awards, Challenges to awards, Enforcement, South East Asia, Uncategorized