Arbitration Notes

Hong Kong courts dismiss five award challenges over eleven-day period

Unsuccessful award debtors ordered to pay indemnity costs in every case; lawyers who acted in “totally baseless” enforcement challenge heavily criticised

Hong Kong court to consider whether grounds for challenging awards apply to arbitration settlement agreements

Status of a procedural order which terminates proceedings and renders tribunal functus officio will also be considered

Hong Kong court upholds jurisdiction challenge due to incompatible arbitration agreements

The Hong Kong Court of First Instance has set aside a jurisdictional award in an HKIAC arbitration under multiple contracts because the arbitration …

HONG KONG COURT REFUSES LEAVE TO APPEAL AWARD ON POINTS OF LAW

The Hong Kong Court of First Instance has refused leave to appeal a construction award on points of law because the decision of the arbitrator on the …

English Commercial Court rejects consumer's public policy challenge to arbitration award due to insufficiently "close connection" of the contract to UK

In Eternity Sky Investments Ltd v Mrs Xiaomin Zhang [2023] EWHC 1964 (Comm), the English Commercial Court has rejected a challenge to an arbitration …

ENGLISH COMMERCIAL COURT RELEASES UPDATED S68 AND S69 STATISTICS: CHALLENGES DOWN, AND THE HURDLE FOR SUCCESS REMAINS HIGH

Indian Supreme Court rules that Indian courts have jurisdiction to hear an application to set aside an award issued in Malaysia

In its recent decision in Union of India v Hardy Exploration and Production (available here), the Supreme Court of India found that a contractual clause …

Reliance v Union of India: English Court confirms that there is no serious irregularity under s68(2)(a) if an issue of construction decided by the tribunal is "squarely in play"

In Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English commercial court (the Court) considered a number of …

HKIAC 2017 CASE STATISTICS

The HKIAC has recently published its case statistics for 2017, showing a continued healthy demand for its services. The HKIAC saw a 15.7% increase in its …

Delhi High Court reaffirms pro-arbitration approach in two recent judgments

In two recent judgments, the Delhi High Court (the "Court") dismissed challenges to arbitral awards and emphasised its reluctance to interfere with …

Astro prevails again against First Media (Lippo) in Hong Kong

In the long running Astro/First Media (also known as Lippo) enforcement dispute, First Media has failed to obtain leave to appeal to the Court of Final …

UK Supreme Court rules that no security may be ordered when challenging enforcement of arbitration awards

The UK Supreme Court has overturned a Court of Appeal decision requiring Nigerian National Petroleum Corporation ("NNPC") to provide US$ 100m in security …