Arbitration Notes

English Court confirms strict approach to contractual interpretation of time limits in light of the Arbitration Act

The English Commercial Court has dismissed an appeal under s69 of the Arbitration Act because the bespoke clause provided that the time limit to appeal …

Hong Kong court assesses damages for breach of implied promise to honour arbitral award

Expectation measure of damages applied as at date of award

Cautionary tales from the Singapore courts: choosing the right arbitrator

In Singapore, arbitral awards benefit from minimal intervention by the courts. Save for very limited circumstances, an award is final and will not be set …

Russian Supreme Court Refuses Enforcement of Arbitration Award due to the Nationality of the Arbitrators

The Russian Supreme Court has refused enforcement of an arbitration award on the basis of the "public policy" exception in the New York Convention.

No implied provision for appeals on questions of law in share purchase agreement, Hong Kong court rules

Arbitration agreement concluded prior to 1 June 2011 did not provide expressly or impliedly for "domestic arbitration", hence regime for appeals on …

Arbitration and consumer rights: the Eternity Sky appeal and personal guarantees

In Eternity Sky Investments Ltd v Xiaomin Zhang (with the CMA as intervener) [2024] EWCA Civ 630, the English Court of Appeal upheld an arbitration award …

Keeping its finger on the pulse: the English Supreme Court rules that the Court of Appeal overreached in an appeal under section 69 of the English Arbitration Act

In the recent case of Sharp Corp Ltd v Viterra BV [2024] UKSC 14, the Supreme Court held that the Court of Appeal had impermissibly acted beyond the …

Enforcement of arbitral awards: Award creditor successfully seeks remedy from European court of Human Rights for Albania's extraordinary delay in recognising arbitral award

The European Court of Human Rights (the ECtHR) has found that in delaying recognition of an arbitral award against it, the Republic of Albania breached …

English High Court sets aside permission to enforce fabricated arbitral award

In a recent decision in Contax Partners Inc BVI v Kuwait Finance House (KFH-Kuwait) & Ors [2024] EWHC 436 (Comm), the English Commercial Court (the …

CROSS POST: COURT OF APPEAL OVERTURNS FIRST INSTANCE JUDGMENT WHICH HELD A CONTRACTUAL PROVISION PROHIBITING ASSIGNMENT COULD PREVENT INSURER’S SUBROGATION RIGHTS

HONG KONG COURT REMITS AWARDS TO ARBITRATOR FOLLOWING CHANGE IN LAW OF ILLEGALITY DEFENCE

The Hong Kong Court of First Instance (“CFI”) has suspended set-aside proceedings in respect of two HKIAC awards on liability and quantum and remitted …

HONG KONG COURT REJECTS AWARD CHALLENGE AFTER RE-ARBITRATION OF DISCRETE EVIDENTIAL ISSUE

The Hong Kong Court of First Instance has upheld the enforcement of a CIETAC award following the re-arbitration by a new tribunal of a limited evidential …