In March 2020, the official Beijing judiciary website published the ground-breaking Big Data Research Report on Cases of the Beijing Fourth Intermediate People’s Court Involving Judicial Review of Arbitration (北京市第四中级人民法院仲裁司法审查案件大数据研究报告) (the “Report”). Prepared by the China Arbitration Institute of China University of Political Science and Law (中国政法大学仲裁研究院), the Report covers 18 months of decisions involving “judicial review”…

Background In a recent blog post, Luis Capiel and Alicia Larrazabal of Herbert Smith Freehills commented on the Venezuelan Supreme Court of Justice’s decision to stay institutional arbitration proceedings initiated by Modexel Consultores e Servicios S.A. (MODEXEL) against Alimentos Polar Comercial C.A. (POLAR) under the Business Center for Conciliation and Arbitration (CEDCA) arbitration rules. In…

Due process is an essential aspect of international arbitration or, indeed, any contentious proceeding. Due process rules act as a shield for parties against unfairness. They ensure that the exercise of a tribunal’s jurisdiction is constrained, such that all parties are given a reasonable opportunity to present their cases. There has been a notable increase…

In a recent decision in XPL Engineering ltd. v. K & J Townmore Construction ltd. [2019] IEHC 665, the Irish High Court decided to refer a construction dispute to arbitration on an application by the defendant, K & J Townmore Construction Ltd, for an order under Article 8 (1) of the UNCITRAL Model Law referring…

1. The Holding in Schein, Inc. v. Archer & White Sales, Inc. Maintains Principles of Arbitration In a recent unanimous decision dated 8 January 2019, Justice Kavanaugh delivered his first opinion of the United States Supreme Court (the “Court”) in Henry Schein, Inc. v. Archer and White Sales, Inc.  As set-out below, the Court’s decision…

The finality of arbitral awards is one of the advantages which justify recourse to arbitration, in comparison to longer dispute settlement methods, such as traditional court proceedings. However, while this is the desirable outcome, it is difficult and, to a certain extent, undesirable to isolate the arbitral award from any type of judicial interference. Limited…

The cassation bench of the Supreme Court of Ethiopia, whose decisions have precedential value, in National Motors Corp. v. General Business Development case has ruled that parties’ final intention to be bound by an arbitration award shall be final and may not be subject to review by courts, including the cassation bench. The bench, however,…

The judicial review of arbitral awards has been a continuous topic of discussion amongst scholars and legislators. Considering the major effects of the seat of the arbitration in annulment proceedings, even when the arbitral award is in principle final and binding, local legislators are faced with the need to balance the aim of assuring the…