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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 …
A breakthrough for Financial Services Arbitration?
Nicholas Peacock, Dominic Kennelly and Emily Blanshard consider the arbitral award and judgment of the English High Court in Travis Coal Restructured …
French Supreme Court refuses to set aside ICC award in favour of the Congo
In Groupe Antoine Tabet c/ la République du Congo, Cass. Civ. 1re, n° 11-16444 of 25 June 2014, the French Supreme Court (Cour de …
English Commercial Court rejects challenge to "conditional" award
In the latest decision relating to the arbitration between U&M Mining Zambia Ltd ("U&M") and Konkola Copper Mines plc ("KCM"), the Commercial …
English Commercial Court rejects application by U&M Mining Zambia Ltd for security for sums due under award pending challenge
In Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2146 (Comm), the English Commercial Court considered two related applications on …
English High Court considers the requirement to "exhaust" any available arbitral process of appeal before challenging an arbitral award under the Arbitration Act 1996
In an anonymised judgment dated 11 June 2014, Mr Justice Andrew Smith considered whether the terms of section 70(2) and/or section 73(2) of the …
Commercial Court refuses enforcement of arbitral award due to issue estoppel
In Diag Human Se v Czech Republic, the English Commercial Court refused enforcement of a New York Convention Award (the Award) of over 8.3 billion Czech …
A cautionary note for arbitrators and counsel alike: Commercial Court upholds s68 application in part for breach of tribunal's duty to act fairly and impartially
In Brockton Capital LLC v Atlantic-Pacific Capital, Inc., the English Commercial Court upheld a challenge under section 68 of the Arbitration Act 1996 …
Russia tables proposals for reforms to its arbitration system
Reforms to the Russian system and procedure for arbitration have been tabled by the Ministry of Justice of the Russian Federation (MoJRF), in the form of …
Commercial Court provides guidance on "serious irregularity" and confirms arbitral tribunal has jurisdiction to determine contractual rights and obligations in light of criminal conduct
In the recent decision of Interprods Ltd v De La Rue International Ltd [2014] EWHC 68 (Comm), the English Commercial Court dismissed the challenges under …
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