Waiver

Commercial Courts, Immunity, London, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Ratification, State Immunity, Waiver

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On 17 April 2025, in CC/Devas (Mauritius) Ltd and Others v. the Republic of India [2025] EWHC 964 (Comm), the Commercial Court in London handed down a landmark judgment that is reverberating in the arbitration world around the globe. The court held that India’s ratification of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards…

English Arbitration Act, France, Law governing the arbitration agreement, Reform, Waiver

(Herbert Smith Freehills)/ /Leave a comment

On 20 March 2025, a working group consisting of arbitration practitioners, judges, arbitrators, and academics submitted a report to the French Minister of Justice. The report included proposals to reform French arbitration law to enhance its efficiency and international appeal. These proposals will be presented and discussed during Paris Arbitration Week on 8 April 2025…

Investment Arbitration, Jurisdictional challenge, Latin America, Peru, Waiver

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Asociación Latinoamericana de Arbitraje (ALARB)

On August 5, 2022, the Tribunal hearing the Bacilio Amorrortu v. The Republic of Peru case issued its Partial Award on Jurisdiction, upholding the State’s objection that Mr. Amorrortu did not provide a valid waiver as required by the “No U-Turn Clause” established in article 10.18.2 of the United States – Peru Trade Promotion Agreement…

Advance on Costs, United Arab Emirates, Waiver

(Nayiri Boghossian FZE)/ /1 Comment

A topic that has been hugely debated in the arbitration world is whether non-payment of the advance on arbitration costs constitutes waiver of the arbitration clause. The answer to this debate does not only differ from one jurisdiction to another but may differ in the same jurisdiction. This blog post examines how the courts in…

Australia, Singapore, Stay of Proceedings, Waiver

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The concept of ‘waiver’ is a nebulous creature, crossing into the realms of estoppel, repudiation and variation. For the purposes of ss 7(2) and 7(5) of Australia’s International Arbitration Act 1974 (Cth), Australian jurisprudence has distinguished between ‘strong’ and ‘weak’ waiver, as summarised in ACD Tridon v Tridon Australia [2002] NSWSC 896 (‘ACD Tridon’). ‘Strong’ waiver…

Enforcement, Sovereign Immunities, Sovereign Immunity, State entity, State Immunity, Waiver, World Bank

(Durham Law School)/ /Leave a comment

Introduction The issues pertaining to “sovereign immunity” in international arbitration are not new. Nevertheless, several aspects remain unresolved.1)Kaj Hobér, Sovereign Immunity and International Arbitration – Recent developments, Arbitrators’ Insights, Essays in Honour of Neil Kaplan (Sweet & Maxwell, 2012), 91. Sovereign immunity from execution is said to be “the last fortress, the last bastion of State…

Arbitral Award, Switzerland, Waiver

, (Meyerlustenberger Lachenal Ltd.)/ /Leave a comment

On 17 October 2017, the Swiss Federal Tribunal (Switzerland’s highest jurisdiction) rendered a decision (4A_53/2017) on the challenge of an award rendered in the context of an international arbitration where the arbitration clauses of the disputed contracts both contained a wording whereby the parties renounced challenging any possible future arbitral award. I. Relevant Facts In…

Arbitration, Consent, Domestic Courts, obligation to arbitrate, Procedure, Stay of Proceedings, United States, Waiver

(Chinese University of Hong Kong, Faculty of Law)/ /1 Comment
YSIAC

The Sixth Circuit Court of Appeals recently ordered a fund management committee (‘SBC’) to arbitrate its dispute with Navistar International (‘Navistar’) – at Navistar’s request – despite the fact that Navistar refused SBC’s own request for arbitration, ignored SBC’s formal notice of arbitration, and then litigated SBC’s claim in court for over a year (Art…

Appeal, Arbitration Awards, arbitrators’ conduct, Bias, Enforcement, National Arbitration Laws, Principle of finality, Pro arbitration, Public Policy, Waiver

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

Last month’s judgment of the Hong Kong Court of Appeal (“CA“) in Gao Haiyan and Xie Heping v. Keeneye Holdings and another CACV 79/2011, is the latest in a long line of cases demonstrating the pro-enforcement approach of the Hong Kong courts. The decision makes clear that it is not the place of the Hong…

Annulment, Waiver

(Linklaters)/ /3 Comments

After the 2011 Decree which reformed French arbitration law, the number of countries having arbitration acts expressly providing for the possibility of waiving setting aside proceedings at the seat has increased. In view of the fact that arbitration rules of some institutions provide for a waiver of “any form of recourse” against awards rendered under…