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The importance of getting the arbitration clause right
Summary A recent Federal Court of Australia case, Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd (2012) 292 ALR 161 (DKN v …
Partial annulment of ICSID award against Chile
In the latest instalment of the Victor Pey Casado and Foundation "Presidente Allende" v Republic of Chile saga, an ad hoc committee (the Committee) has …
Singapore Court refuses to entertain a jurisdictional objection to the enforcement of domestic international arbitration awards
The recent case of Astro Nusantara International BV and others v PT Aunda Prima Mitra and others[2012] SGHC 212 is a further decision of the Singapore …
Recent Developments in India-related international arbitration
Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers the decision of the Supreme Court of …
Speak Now or Forever Hold Your Peace: s68 Challenge for Lack of Opportunity to Make Full Submissions Fails
It is well-known that applicants seeking to challenge an award under section 68 of the Arbitration Act 1996 (the "Act") must overcome a high threshold in …
Swiss Court considers whether tribunal retains jurisdiction following annulment of award
Earlier this year, the Swiss court considered, amongst other interesting points, the doctrine of functus officio (namely, the determination of whether a …
Herbert Smith's Bangkok office wins judgment for one of the world's largest water companies for the enforcement of arbitral award
This June, the Administrative Court in Thailand ruled in favour of a Joint Venture (the JV) created by one of the world's largest water companies and its …
English Court decision on enforcement of awards annulled at the seat: (1) allows part of Rosneft's appeal in Yukos Capital v Rosneft on basis that issue estoppel does not apply; and (2) provides guidance on the limitations of the act of state doctrine
The Court of Appeal has allowed part of Rosneft's appeal in the long-running Yukos Capital v Rosneft case. Rosneft sought to overturn a first instance …
Hong Kong Court of Appeal issues landmark decision on setting aside
Herbert Smith's Hong Kong arbitration practice has secured an important victory in an appeal against the setting aside of an ICC award. In Pacific …
"West Tankers" Saga Continues: Court rejects Tribunal's finding that it did not have jurisdiction to award damages for breach of an obligation to arbitrate
In the most recent of a long running series of decisions arising from a collision between the Appellant's vessel, the "Front Comor", and a Sicilian pier …
Singapore Court of Appeal rules that arbitral award should not be reopened despite alleged conflict with public policy
The Singapore Court of Appeal has overturned a High Court judgment setting aside an arbitral tribunal's decision on public policy grounds. The tribunal …
Reims Court of Appeal annuls ICC Award for failure to disclose conflict of interest during proceedings
On 2 November 2011, the Reims Court of Appeal set aside an ICC partial award, Avax v Tecnimont, due to the failure of the Chair of the tribunal to …
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