Arbitration Notes
Tag: public policy
Showing 12 out of 31 results
Hong Kong court grants anti-suit relief against sanctioned Russian bank
German bank obtains injunctions to restrain Russian court proceedings commenced in breach of HKIAC arbitration agreement; argument that court lacked …
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
"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 upholds award challenge for lack of reasons
The Hong Kong Court of First Instance has refused to enforce an AAA-ICDR award because the arbitrator failed to give reasons for her decisions on key …
Hong Kong court provides guidance on award challenges for failure to deal with an essential issue
The Hong Kong Court of First Instance has provided further clarity on when awards can be set aside for failure to deal with an essential issue, …
HONG KONG COURT REMITS AWARDS TO ARBITRATOR FOLLOWING CHANGE IN LAW OF ILLEGALITY DEFENCE
The Hong Kong Court of First Instance (“CFI”) has suspended set-aside proceedings in respect of two HKIAC awards on liability and quantum and remitted …
HONG KONG COURT REJECTS AWARD CHALLENGE OVER LAW FIRM SUCCESS FEE
The Hong Kong Court of First Instance has dismissed a challenge to the enforcement of a US$50 million arbitral award rendered in Chicago in favour of a …
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 takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case
The English Commercial Court has refused to enforce a foreign-seated arbitration award on the grounds that to do so would be contrary to public policy. …
AUSTRALIAN FEDERAL COURT REAFFIRMS HIGH THRESHOLD FOR REFUSING ENFORCEMENT OF AWARD ON PUBLIC POLICY GROUNDS
In a recent application to enforce an arbitral award, the Federal Court of Australia rejected the award debtor’s arguments that it would be contrary to …
NEW SOUTH WALES SUPREME COURT SETS ASIDE ARBITRATION AWARD TO PROTECT THE INTEGRITY OF THE ARBITRATION PROCESS
INTRODUCTION AND TAKEAWAY In a recent decision, the Supreme Court of New South Wales set aside an arbitral award on the basis that the arbitrator had …
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