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When silence is golden: the High Court confirms the primacy of the "Dallah principle" and allows a party who has taken no part in arbitral proceedings to be given a full opportunity to challenge the tribunal's jurisdiction at the enforcement of award stage
In The London Steam Ship Owners Mutual Insurance Association Ltd v. the Kingdom of Spain [2013] EWHC 2840 (Comm), the High Court concluded that the …
Hong Kong Court of Final Appeal Confirms Principle of Indemnity Costs for Unsuccessful Set Aside Application
In the latest instalment of Pacific China Holdings Ltd (in Liquidation) v Grand Pacific Holdings Ltd, the Hong Kong Court of Final Appeal has confirmed …
Shri Lal Mahal Ltd v Progetto Grano Spa: Supreme Court of India overrules Phulchand and reduces court interference in enforcement of foreign awards
In a previous e-bulletin, we had reported about the case of Phulchand Export Ltd v OOO Patriot¹ where the Supreme Court of India had set a worrying …
Award following failed settlement withstands section 68 challenge: the High Court confirms that it will intervene only in extreme cases
The recent judgment in Gujarat NRE Coke Limited and Shri Arun Kumar Jagatramka v Coeclerici Asia (Pte) Limited [2013] EWHC 1987 (Comm) confirms …
Court allows a security for costs application against recalcitrant Respondent seeking to challenge arbitral award, but refuses to require payment in of value of Award
In the case of X v Y Queen's Bench Division (Commercial Court), 07 May 2013 the court has grappled with the options available to a claimant against a …
Appeal on a point of law: jumping through the hoops in s69(3) of the Arbitration Act
The case of Morris Homes v Antony Paul Keay and Jeffrey David Keay serves as a useful reminder of the hoops through which applicants must jump in …
An end to "speculative" challenges to arbitral awards? The English courts raise the sanction of indemnity costs for unmeritorious s68 applications
Over the past few years, we have seen a substantial rise in the number of applications to the English court challenging arbitral awards on grounds of …
English High Court upholds two challenges to jurisdiction
The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack of …
High Court of Australia dismisses challenge to legislation incorporating the UNCITRAL Model Law
The High Court of Australia this morning dismissed a challenge to legislation incorporating the UNCITRAL Model Law on International Commercial …
High Court applies Sulamérica test in Arsanovia and gives rise to unexpected results
In December last year, the High Court upheld a challenge under section 67 of the Arbitration Act 1996 (the Act) in Arsanovia Ltd and others v Cruz City 1 …
Hong Kong Court of Final Appeal refuses leave to appeal in the Grand Pacific v. Pacific China case
The Hong Kong Court of Final Appeal ("CFA") has today refused to interfere with a judgment of the Hong Kong Court of Appeal ("CA") on the setting aside …
Singapore: round up 2012
2012 has been a year of interesting developments for arbitration in Singapore. This article provides a summary of the key changes and cases from the past …
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