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Developments in resolving cross-border disputes
With the increase of global commerce, it also becomes increasingly important to provide for effective and quick dispute resolution mechanisms across …
A breakthrough for Financial Services Arbitration?
Nicholas Peacock, Dominic Kennelly and Emily Blanshard consider the arbitral award and judgment of the English High Court in Travis Coal Restructured …
Bhutan and Guyana become the 151st and 152nd States party to the New York Convention
On 26 September 2014, Bhutan and Guyana deposited instruments of accession to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral …
Singapore High Court decides interim awards are enforceable
In the case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) [2014] SGHC 146, the Singapore High Court considered the …
Burundi becomes 150th state party to the New York Convention
Burundi, a state in East Africa, has become the 150th state party to the New York Convention 1958 (the Convention). Burundi made a "commerciality …
Dueling limitation periods: time-limit under the US Federal Arbitration Act trumped by state law on enforcement of foreign judgments
The US Court of Appeals for the District of Columbia Circuit rules that state law governing the limitation period for enforcing a foreign judgment that …
English Commercial Court rejects challenge to "conditional" award
In the latest decision relating to the arbitration between U&M Mining Zambia Ltd ("U&M") and Konkola Copper Mines plc ("KCM"), the Commercial …
Australian Court upholds primacy of the arbitral fact finding process
On 16 July 2014, the Full Federal Court of Australia handed down its reasons for dismissing TCL Air Conditioner (Zhongshan) Co Ltd’s (TCL) appeal[1] from …
"A Delicate Matter": English Court considers enforcement of awards set aside by the courts of the seat and ability to claim post-award interest in those circumstances
In the case of Yukos Capital SARL v OJSC Rosneft Oil Company [2014] EWHC 2188 (Comm) the English Court considered two preliminary issues relating to the …
Commercial Court refuses enforcement of arbitral award due to issue estoppel
In Diag Human Se v Czech Republic, the English Commercial Court refused enforcement of a New York Convention Award (the Award) of over 8.3 billion Czech …
Cukurova v Sonera: Privy Council dismisses backdoor attempt to challenge tribunal's findings at the enforcement stage
In the case of Cukurova Holdings AS v Sonera Holding BV [2014] UKPC 15, the Privy Council considered an appeal from the Court of Appeal of the BVI. The …
Tanzanian Courts Injunct ICSID Proceedings
On 23 April 2014, the Tanzanian High Court ordered both parties in on-going ICSID arbitration proceedings, Standard Chartered Bank (Hong Kong) Limited …
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