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Significant developments in international arbitration in Australia in 2014
This year there have been several important cases in the international arbitration space in Australia, as well as the introduction of new arbitral and …
English Court finds no jurisdiction to grant freezing orders against non-party foreign subsidiaries of the award debtor in English-seated arbitration
The Commercial Court has held that it has no jurisdiction to make a freezing order to aid the enforcement of a London-seated arbitration award against …
Procedural fairness as a ground for setting aside awards: what's fair is fair
In its recent decision in Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd [2014] SGHC 220, the Singapore High Court considered the grounds on which an …
US District Court for the Southern District of New York confirms interim arbitration award
In Companion Property and Casualty Insurance Company v Allied Provident Insurance, Inc. (2014 U.S. Dist. LEXIS 136473), District Judge Nathan in the …
The Chronicles of Insigma: the Latest Instalment
Alstom v Insigma, the (in)famous SIAC arbitration administered under ICC rules, was recently up for yet another round of judicial sparring following …
Lorand Shipping v Davof Trading (Africa) B.V. (MV "Ocean Glory"): when a "creative solution" on the part of the tribunal becomes a serious irregularity leading to substantial injustice
In a rare example of a successful application under section 68 of the English Arbitration Act 1996 (the "Act"), the English Commercial Court has granted …
New South Wales Supreme Court orders partial enforcement of foreign arbitral award where breach of natural justice found in relation to one claim
In William Hare UAE LLC v Aircraft Support Industries Pty Ltd [2014] NSWSC 1403, the plaintiff, a company incorporated in Abu Dhabi, sought enforcement …
English Court finds that it is "just and convenient" to grant a worldwide freezing order in support of London-seated arbitration even where all assets are outside England
In a further decision in the case of U & M Mining Zambia Ltd v Konkola Copper Mines PLC [2014] All ER (D) 136 (Oct), the English Commercial Court …
Thwarting attempts to avoid execution: English Court orders appointment of receivers over foreign assets to assist enforcement of a London award
In a judgment handed down on 2 October 2014 in Cruz City 1 Mauritius Holdings v Unitech Limited & Ors, the English High Court made an order under s37 …
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 …
The Impounded Boeing 737 – The Saga Continues
Following on from their previous article in Young Arbitration Review ("YAR"), "The Impounded Boeing 737", Herbert Smith Freehills associates Vanina …
New ruling of the French Cour de cassation in the Tecnimont judicial saga on challenge of an arbitrator
In Avax v Tecnimont (Civ. 1ère, 25 June 2014, pourvoi n° 11-26.529) the French Supreme Court reviewed the Paris Court of Appeal’s decision regarding the …
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