Arbitration Notes

ENGLISH COURT REJECTS S68 CHALLENGE MADE ON THE GROUNDS OF APPARENT BIAS

PRIVY COUNCIL DISMISSES CHALLENGE TO MAURITIAN ARBITRAL AWARD BASED ON ALLEGED BREACHES OF NATURAL JUSTICE AND PUBLIC POLICY

RUSSIAN SUPREME COURT REQUIRES UNIFORM APPROACH IN ARBITRATION CASES AND CLARIFIES MEANING OF PUBLIC POLICY

COUR DE CASSATION UPHOLDS DECISION TO SET ASIDE AN AWARD FOLLOWING AN ARBITRATOR'S NON-DISCLOSURE

ENGLISH COURT PROVIDES GUIDANCE TO PARTIES CHALLENGING OR SEEKING ENFORCEMENT WHERE THE AWARD DEBTOR IS IN ADMINISTRATION

ENGLISH HIGH COURT FINDS THAT ARBITRATOR ERRED IN LAW IN FINDING EXPRESS "WITHOUT PREJUDICE" CORRESPONDENCE ADMISSIBLE ON COSTS BUT FINDS IMPLIEDLY "WITHOUT PREJUDICE" CORRESPONDENCE ADMISSIBLE

Hong Kong court: remission for reconsideration – not an automatic cure for substantial injustice

In P v. M [2019] HKCFI 1864; HCCT 6/2019 (24 July 2019), the Hong Kong Court of First Instance set aside parts of two arbitral awards which were found to …

MALAYSIAN HIGH COURT CONSIDERS THE LEGALITY OF AN UNDERLYING CONTRACT WHICH WAS THE SUBJECT OF ARBITRATION

English High Court sets aside award for failure to properly cross-examine a witness on a core issue and basing its decision on matters not properly argued by the parties

English Court rejects section 68 challenge on the primary ground that the Tribunal's decision was a Procedural Order and not an Award

In the recent case of ZCCM Investments Holdings PLC v Kansanshi Holdings PLC & Anor [2019] EWHC 1285 (Comm), the English Court (the Court) rejected a …

ENGLISH COURT ALLOWS SECTION 69 APPEAL ON POINT OF LAW AGAINST AWARD ISSUED BY JUDGE-ARBITRATOR

In the recent decision of Equitas Insurance Limited v Municipal Mutual Insurance Limited [2019] EWCA Civ 718 (available here), the Court of Appeal …

ENGLISH HIGH COURT OVERTURNS AN ARBITRAL AWARD AS IT HOLDS THAT AN ARBITRAL TRIBUNAL LACKED JURISDICTION OVER A DISSOLVED COMPANY PURSUANT TO SECTION 67 OF THE ENGLISH ARBITRATION ACT

The English Commercial court has overturned an arbitral award under section 67 of the English Arbitration Act 1996, finding that an arbitral tribunal …