Tag: s68
Showing 8 out of 8 results
No evidence of authentic and binding contract, then no valid arbitration agreement
In the recent case of Ganz v Petronz FZE and another [2024] EWHC 635 (Comm), the High Court upheld a tribunal's decision to decline jurisdiction over a …
IF YOU DON'T ASK, YOU DON'T GET: ENGLISH COURT SETS ASIDE AWARD OF INTEREST ON ARBITRATION AND LEGAL COSTS WHEN NOT CLAIMED, BUT REJECTS FURTHER CHALLENGES TO AWARD
In the recent case of Palmat NV v Bluequest Resources AG [2023] EWHC 2940 (Comm), the English Commercial Court set aside part of an award rendered in an …
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 …
ENGLISH HIGH COURT CHARACTERISES UNSUCCESSFUL CHALLENGE TO AWARD UNDER S68 AS “SEEKING TO ATTACK AN ARBITRATOR’S FINDINGS OF FACT AND HER EVALUATION OF THE EVIDENCE” UNDER GUISE OF PROCEDURAL IRREGULARITY
ENGLISH COURT DISMISSES S68 CHALLENGE TO PROCEDURAL ORDER
English court sets aside arbitration award for serious irregularity due to tribunal's non-disclosure of novel point central to award
The odds of successfully challenging an arbitral award in the English Courts on the basis of s68 of the Arbitration Act 1996 (serious irregularity) …
English High Court refuses to set aside award made without awaiting outcome of relevant domestic court proceedings
In its recent decision in SCM Financial Overseas Ltd v Raga Establishment Ltd [2018] EWHC 1008 (Comm) (available here), the English High Court ("Court") …
Remission or Set Aside for an arbitral award where a challenge for serious irregularity is made out before the English courts?
In the case of The Secretary of State for the Home Department and Raytheon Systems Limited [2015] EWHC 311 (TCC) and [2014] EWHC 4375 (TCC), the English …