All posts
Showing 24 out of 246 results
HONG KONG COURT REFUSES LEAVE TO APPEAL AWARD ON POINTS OF LAW
The Hong Kong Court of First Instance has refused leave to appeal a construction award on points of law because the decision of the arbitrator on the …
HSF TO HOST YOUNG EFILA EVENT ON 10 NOVEMBER IN LONDON
We are pleased to be hosting the Young EFILA network at our London offices tomorrow, Friday 10 November 2023. There will be a networking breakfast from …
HONG KONG COURT UPHOLDS CLAIMANT'S JURISDICTIONAL CHALLENGE IN RELATION TO NON-PARTY SEEKING JOINDER
The Hong Kong Court of First Instance has set aside an HKIAC award on jurisdiction at the request of the claimant, overturning the tribunal’s ruling that …
Application for security for costs and security for the Award refused by English Court in investment treaty award challenge
In its recent judgment in The Czech Republic vs Diag Human and ors [2023] the English court has refused Diag Human's application for security for costs …
MILESTONE ARBITRATION JUDGMENT FROM HONG KONG'S HIGHEST COURT BRINGS GREATER CERTAINTY FOR COMMERCIAL CONTRACTS
Herbert Smith Freehills has secured a landmark judgment from the Hong Kong Court of Final Appeal, with significant practical implications for thousands …
FULLY VIRTUAL HEARING NOT A GROUND TO REFUSE ENFORCEMENT, HONG KONG COURT RULES
The Hong Kong Court of First Instance has ruled that the holding of a fully virtual hearing despite the opposition of one of the parties did not provide …
AUSTRALIAN FEDERAL COURT REAFFIRMS HIGH THRESHOLD FOR REFUSING ENFORCEMENT OF AWARD ON PUBLIC POLICY GROUNDS
In a recent application to enforce an arbitral award, the Federal Court of Australia rejected the award debtor’s arguments that it would be contrary to …
NEW SOUTH WALES SUPREME COURT SETS ASIDE ARBITRATION AWARD TO PROTECT THE INTEGRITY OF THE ARBITRATION PROCESS
INTRODUCTION AND TAKEAWAY In a recent decision, the Supreme Court of New South Wales set aside an arbitral award on the basis that the arbitrator had …
3 for the price of 1: English Commercial Court issues guidance on: (i) what constitutes an "award" (ii) whether a cross-claim under a different contract can fall within an arbitrator's jurisdiction, and (iii) the circumstances in which the Court will order compliance with a Peremptory Order
In the case of RQP v ZYX, the English Court has issued a jam-packed judgment on three important issues. In dismissing RQP's three applications, Mr …
ANOTHER ONE BITES THE DUST: THE FIONA TRUST PRINCIPLE AGAIN SEES OFF NDK'S CASE BEFORE THE ENGLISH COMMERCIAL COURT
In NDK Ltd v HUO Holding (No 2) [2022] EWHC 2580 (Comm), the English Commercial Court dismissed NDK's section 67 challenge brought against an LCIA award, …
THINK BEFORE YOU ACT - WA SUPREME COURT FINDS CONSENT BY CONDUCT TO ARBITRATION APPEAL
The Supreme Court of Western Australia recently decided a rare application to appeal arbitral awards pursuant to s 34A of the Commercial Arbitration Act …
Delhi High Court sets aside billion dollar ICC award on grounds of "patent illegality and fraud"
The Delhi High Court (the "Court") in a recent decision, has set aside a 2015 arbitral award of the International Chamber of Commerce ("ICC") which had …
Showing 24 out of 246 results
View more