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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 …
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 …
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 …
Australian Court upholds primacy of the arbitral fact finding process
On 16 July 2014, the Full Federal Court of Australia handed down its reasons for dismissing TCL Air Conditioner (Zhongshan) Co Ltd’s (TCL) appeal[1] from …
"A Delicate Matter": English Court considers enforcement of awards set aside by the courts of the seat and ability to claim post-award interest in those circumstances
In the case of Yukos Capital SARL v OJSC Rosneft Oil Company [2014] EWHC 2188 (Comm) the English Court considered two preliminary issues relating to the …
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 …
Federal Court of Australia dismisses challenge to enforcement of foreign arbitral awards made in London
Armada (Singapore) Pte Ltd (Under Judicial Management) v Gujarat NRE Coke Limited [2014] FCA 636 Justice Foster of the Federal Court of Australia handed …
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 …
Cukurova v Sonera: Privy Council dismisses backdoor attempt to challenge tribunal's findings at the enforcement stage
In the case of Cukurova Holdings AS v Sonera Holding BV [2014] UKPC 15, the Privy Council considered an appeal from the Court of Appeal of the BVI. The …
Tanzanian Courts Injunct ICSID Proceedings
On 23 April 2014, the Tanzanian High Court ordered both parties in on-going ICSID arbitration proceedings, Standard Chartered Bank (Hong Kong) Limited …
The English Court of Appeal refuse a challenge to the enforcement of a New York Convention award founded on "hollow formalism"
In the case of Lombard-Knight & Anor v Rainstorm Pictures Inc [2014] EWCA Civ 356, the Court of Appeal considered an application by the Defendants to …
Global Law and Business – Arbitration of M&A Transactions: A Practical Global Guide
Herbert Smith Freehills disputes experts have authored two regional chapters in the Global Law and Business Arbitration of M&A Transactions: A …
Showing 24 out of 28 results
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