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UK Supreme Court rules on section 69 challenge to an arbitral award: do the courts plan to take a more active role in arbitration?
On 11 May 2016 the Supreme Court handed down a ruling on a challenge to an arbitral award on a point of law, under section 69 of the Arbitration Act …
Arbitration and intra-EU BITs – German Bundesgerichtshof weighs in on the discussion
In its decision of 3 March 2016 (I ZB 2/15), published on 11 May 2016, the German Federal Court of Justice ("BGH") announced that it would request the …
Paris Court of Appeal upholds challenge to ICC treaty award and rejects third party intervention in resisting application to set aside
The Paris Court of Appeal has upheld a challenge to an International Chamber of Commerce (ICC) investment treaty award (Cour D'Appel de Paris, Pole 1 - …
Hong Kong Court rejects allegation of fraud as basis for resisting enforcement of award: re-affirms high evidentiary threshold required to be satisfied in such cases.
Following a steady line of authority emphasising the high hurdle to be surmounted in applying for awards to be set aside on grounds of public policy, the …
Separability and public policy: selecting law of arbitration agreement does not disapply conflicting non-mandatory provisions of English Arbitration Act 1996 and "fresh evidence…is particularly important" for challenging an Award on public policy grounds
An arbitration agreement is understood in most, but not all, jurisdictions to be a separable or distinct agreement from the contract or agreement of …
Court of Appeal clarifies the English Court's jurisdiction under section 67 of the Arbitration Act: the Court is not required to make any order at all even if the application is well-founded
The recent decision of the English Court of Appeal in Integral Petroleum SA v Melars Group Limited considers the jurisdiction of the court under s67 of …
English Court identifies "weaknesses" in the 2014 IBA Guidelines on Conflicts of Interest when considering challenge of an Award for apparent bias
In the case of W Limited v M SDN BHD [2016] EWHC 422 (Comm) the Claimant, W Limited, sought to challenge two awards in the English Court for serious …
Hong Kong constitutionality challenge – leave to appeal denied
The Hong Kong Court of Appeal (CA) has rejected an application for leave to appeal to the Hong Kong Court of Final Appeal from its previous judgment that …
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) …
Astro v Lippo: First Media granted leave to appeal in Hong Kong
In the latest development in the Astro v Lippo dispute, First Media (part of the Lippo Group and an unsuccessful defendant in Singapore-seated …
Hong Kong Court extends indemnity costs principle to arbitration agreement challenges
In Chimbusco International Petroleum (Singapore) Pte Ltd v Fully Best Trading Ltd (HCA 2416/2014), the Hong Kong Court of First Instance (CFI) has …
French Supreme Court allows joint guarantors to challenge arbitral award
In a decision dated 5 May 2015 (Cass. Com. 5 mai 2015, 14-16.644, available at: https://www.courdecassation.fr/jurisprudence_2/chambre_commerciale_574/424…
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