Arbitration Notes

Third parties successfully obtain ASI against party in breach by relying on the Contract (Rights of Third Parties) Act 1999

Cross-post: Conflicting dispute provisions in market standard contracts

Tools of the Trade: Anti-Suit Injunctions and Their Impact in 2024

English Commercial Court finds that arbitration agreements do not extend to claims against third parties

Hold On To Your Seats! English Court Clarifies Jurisdictional Gateway for ASIs

A recent English Commercial Court decision partially discharging interim relief highlights the jurisdictional hurdles faced by parties seeking ASIs in …

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

Russian Supreme Court Refuses Enforcement of Arbitration Award due to the Nationality of the Arbitrators

The Russian Supreme Court has refused enforcement of an arbitration award on the basis of the "public policy" exception in the New York Convention.

Hong Kong court denies stay of award enforcement pending result of separate arbitration

Anti-set-off clause upheld by arbitrator meant that cross-claims in separate arbitration could not give rise to a set-off against the award debt; no …

Arbitration and consumer rights: the Eternity Sky appeal and personal guarantees

In Eternity Sky Investments Ltd v Xiaomin Zhang (with the CMA as intervener) [2024] EWCA Civ 630, the English Court of Appeal upheld an arbitration award …

Enforcement of arbitral awards: Award creditor successfully seeks remedy from European court of Human Rights for Albania's extraordinary delay in recognising arbitral award

The European Court of Human Rights (the ECtHR) has found that in delaying recognition of an arbitral award against it, the Republic of Albania breached …

English High Court sets aside permission to enforce fabricated arbitral award

In a recent decision in Contax Partners Inc BVI v Kuwait Finance House (KFH-Kuwait) & Ors [2024] EWHC 436 (Comm), the English Commercial Court (the …

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 …