Arbitration Notes

"It takes two to tango": Hong Kong Court of Appeal upholds award challenge due to lack of dispute between parties

Arbitrator lacked jurisdiction to grant declaration of non-liability where no liability alleged; award contrary to public policy due to improper comments …

Ex parte communications lead to successful award challenge in Hong Kong

Enforcement refused on due process and public policy grounds after 7-year extension to award deadline on which respondent had no opportunity to comment

HONG KONG COURT REJECTS AWARD CHALLENGE AFTER RE-ARBITRATION OF DISCRETE EVIDENTIAL ISSUE

The Hong Kong Court of First Instance has upheld the enforcement of a CIETAC award following the re-arbitration by a new tribunal of a limited evidential …

UPDATE: THE WINNER LOSES IT ALL? ENGLISH COURT UPHOLDS NIGERIA'S CHALLENGE TO $11bn AWARDS IN 140 PAGE MEGA-JUDGMENT

Observing that "the facts and circumstances of this case... are remarkable" and that he did not do so "without reluctance" Knowles J upholds challenge to …

Hong Kong Court Clarifies Threshold for Setting Aside Awards

English Court rules that pre-conditions to arbitration are not matters of jurisdiction

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 …

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

APPLICATION FOR EXTENSION OF TIME TO BRING SECTION 67 CHALLENGE WHICH WAS 959 DAYS LATE REFUSED BY ENGLISH COURT

English High Court refuses to set aside order for enforcement under s103 in long-running dispute regarding ICC award

The English High Court has refused an application under s.103 of the Arbitration Act 1996 ("AA 1996") to set-aside an order allowing for the enforcement …

English High Court grants an anti-suit injunction and confirms that the choice of arbitral seat is "analogous to an exclusive jurisdiction clause"

In Atlas Power v National Transmission and Despatch Company Ltd [2018] EWHC 1052 the English High Court granted a final anti-suit injunction to …

High Court confirms UNCITRAL Tribunal Award on jurisdiction

The High Court has confirmed an UNCITRAL Tribunal's Award on Jurisdiction, which rejected jurisdiction under an investment contract (Contract) and the …