Waiver

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

(Institute of Law, Nirma University)/ /Leave a comment

Introduction The issues pertaining to “sovereign immunity” in international arbitration are not new. Nevertheless, several aspects remain unresolved. Sovereign immunity from execution is said to be “the last fortress, the last bastion of State immunity.” For example, states sometimes invoke the “sovereign immunity shield” in the execution of arbitral awards enforced against the respondent-state. The result…

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…