Annulment

Annulment, Colombia, Commercial Arbitration, Independence and Impartiality

(FERRERE Abogados)/ /Leave a comment

On July 12, 2017, the Colombian Supreme Court issued a decision on the enforcement of the arbitral award rendered in the ICC case (No. 16088/JFR/CA) Tampico Beverages Inc. v. Productos Naturales de la Sabana S.A. Alquería, seated in Santiago de Chile. The decision provides for an interesting differentiation of the standard of review to be…

Annulment, Arbitral Award, Spain

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Linklaters

On 4 April 2017, the Madrid High Court of Justice (“TSJM”), the court in Spain that handles appeals for the annulment of awards, issued two decisions – Case numbers 43/2016 and 63/2016 – in which it confirms the doctrine already advanced by means of a previous judgment rendered by the same court (see Judgment of…

Annulment, Arbitration, Disclosure, ICC Arbitration, ICC Rules, Independence and Impartiality, Res Judicata

(Reed Smith)/ /Leave a comment
Linklaters

On 12 April 2016, the Paris Court of Appeal rejected the request for annulment brought by the Greek Company S.A.J. & P. Avax (“Avax”) against an ICC partial award on the ground that the chairman of the tribunal lacked independence. This is the fifth decision rendered in this case by French courts and in all…

Annulment, Arbitration, Greece, Public Policy

(Stylopoulos & Associates)/ /1 Comment

Two recent decisions (nos. 14/2015 and 176/2015) delivered by the Greek Supreme Court analyze the issue of annulling arbitral decisions on public policy grounds. Since arbitration is particularly valuable for the contractual freedom, the general tendency is to restrict the powers of civil courts when they (re)consider and overturn an arbitral award, so that private…

Annulment, Arbitration Agreements, Arbitration Awards, Switzerland, Uncategorized

(Editor in Chief, ASA Bulletin; LALIVE)/ /Leave a comment

Switzerland is a global hub for commodity traders, and therefore also a significant jurisdiction for disputes arising in the commodities sector. A recent decision of the Swiss Federal Supreme Court (Decision 5A_441/2015 of 4 February 2016 (ASA Bull. 2/2016)) addresses important issues relating to commodity sales contracts and Swiss enforcement proceedings. The case involved arbitral proceedings…

Annulment, Arbitral Award, Ecuador, Uncategorized

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

Following up on a recent post by Daniela Palacios on 24 May 2016 titled “Emelec vs Canal Uno: How Many Bites Can the Apple Handle?”, this article explores: (i) Ecuadorian courts’ historic approach to the availability of cassation (recurso de casación) against decisions that resolve annulment proceedings of arbitral awards, (ii) the change of approach…

Annulment, Arbitral Tribunal, Arbitrator Challenges, Peru

(Universidad del Pacifico, Faculty of Law (Peru))/ /Leave a comment

and Jose Luis Repetto Deville, Miranda & Amado Recently, the First Commercial Chamber of the Superior Court of Lima issued an annulment decision in the case MDIS v. CORAL. The court had to deal with an arbitral award rendered by two arbitrators that had been challenged (without the participation of the other arbitrator) and while…

Africa, Annulment, Arbitrator's Fees, arbitrators’ conduct, Award Scrutiny, CCJA Arbitration, OHADA, Set aside an international arbitral award

(Herbert Smith Freehills)/ /3 Comments
Herbert Smith Freehills

In a highly unusual arbitral decision, the Cour Commune de Justice et d’Arbitrage (CCJA), the court created by the Organisation pour l’Harmonisation en Afrique du Droit des Affaires (the Organisation for the Harmonisation of Commercial Law in Africa) (OHADA) Treaty, signed by 17 African States, has ruled that an award should be set aside on…

Annulment, Arbitration Awards, Damages, Ecuador, Fair and Equitable Treatment, Latin America

(Herbert Smith Freehills)/ /Leave a comment

by Daniela Páez-Salgado, Herbert Smith Freehills (Assistant Editor for South America) On November 2, 2015, an ICSID-appointed Committee issued its Decision on Annulment in Occidental v Ecuador (Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador, ICSID Case No. ARB/06/11). The Committee rejected twelve of the thirteen grounds for annulment raised…

Annulment, BIT, Ecuador, ICSID Arbitration, ICSID Convention, Investment Arbitration

(Flor & Hurtado)/ /Leave a comment

by Juan Carlos Herrera Q. Puente & Asociados In the middle of a short holiday, the Ecuadorian Government anxiously expected the Decision on Annulment issued by the Ad-hoc Committee regarding the investment arbitration initiated by Oxy. On November 2nd, 2015, the ICSID published on its web site the Decision and this event provoked a major…

Annulment, Antitrust arbitration, Award Scrutiny, CJEU, Competition Law, Enforcement, Europe, European Law, European Union, Gas Supply Agreements, ICC Rules, New York Convention, Ordre Public, Review on the merits

(Blanke Arbitration LLC)/ /Leave a comment

A ruling of the Austrian Supreme Court, the Oberste Gerichtshof in Vienna, Austria, of earlier this year (see ruling of 18 February 2015, 2 Ob 22/14w) raises anew the much debated question of the type and intensity of supervisory court review of European Union (EU) competition law awards. Readers may recall that EU competition law…

Annulment, Arbitral Award, Ecuador

(Carmigniani Pérez Abogados)/ /1 Comment

The Odyssey is one of the most famous epic poems of the classic era. Attributed to Homer, it describes the journey of Odysseus from Troy to Ithaca, his homeland. It took the hero about ten years to complete his journey. This history is full of unexpected events, sudden changes and new obstacles that Odysseus must…

Annulment, Arbitral Tribunal, Arbitrator's mandate, Investment Arbitration

(Herbert Smith Freehills)/ /1 Comment

The recent annulment decision in Tza Yap Shum v. Peru (ICSID Case No. ARB/07/6) has brought back the discussion regarding the ‘pure’ adversarial nature of investor-state arbitration system. Mr. Shum, a Chinese investor claimed indirect expropriation under the Agreement on Promotion and Reciprocal Protection of Investments (APPRI) between the Governments of Peru and China arising…

Ad hoc arbitration, Annulment, Arbitral Award, Arbitral seat, Arbitration Awards, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection, Public Policy

(Mechantaf Law)/ /Leave a comment

In one of the very rare decisions issued by courts in the Arab world applying the provisions of the Unified Agreement for the Investment of Arab Capital in the Arab States (the “UAIAC”), the Cairo Court of Appeal has revived in its decision dated February 5, 2014, the principle of finality of arbitration awards, by…

Annulment, New York Convention

(JAMS Arbitration, Mediation, and ADR Services)/ /2 Comments
ArbitralWomen

By Lorraine M. Brennan, Esq 1)Lorraine M. Brennan is a full-time arbitrator and mediator at JAMS, specializing in international and domestic dispute resolution. Her bio can be found at www.jamsadr.com. Based in the New York office, Ms. Brennan was the Managing Director of JAMS International for three years and worked at the ICC International Court…

Annulment, Awards, Enforcement, Thailand

(University of Paris Descartes)/ /Leave a comment
Herbert Smith Freehills

Introduction On 13 March 2014, Thailand’s Central Administrative Court annulled an arbitration award in the case between Hong Kong-based Hopewell Holding and the Thai Ministry of Transport (“MoT”) and State Railway of Thailand (“SRT”). The dispute arose out of a 30-year concession dating back to 1990 to build a 60-km elevated highway and rail line…

Annulment, Arbitration Agreements, Multi-tiered clauses, Pre-arbitral procedure, Pre-arbitration Dispute Settlement Procedures, Switzerland, Uncategorized

(Editor in Chief, ASA Bulletin; LALIVE)/ /1 Comment

By Matthias Scherer and Sam Moss, LALIVE In a judgment dated 7 July 2014, which was made public on 20 August 2014 (case no. 4A_124/2014), the Swiss Federal Supreme Court (the “Supreme Court”) addressed the enforceability of a precondition for arbitration in a multi-tier dispute resolution provision, namely the requirement to submit a dispute to…

Annulment, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor

(International Moot Court Competition Association (IMCCA))/ /7 Comments

and Oleg Temnikov Foreword The recent decision on preliminary objections, dated 17 January 2014, against the application for annulment in Elsamex S.A. v. Honduras (ARB/09/4) brought renewed interest in the procedure for summary dismissal of unmeritorious claims under Rule 41(5) of the ICSID Arbitration Rules. The present post examines shortly this procedure as well as…

Annulment, Arbitral Tribunal, Hearings, LCIA Arbitration, Witness

(Bryan Cave Leighton Paisner LLP)/ /Leave a comment
Bryan Cave Leighton Paisner LLP

An English court recently ruled on important questions relating to arbitration due process. In Interprods Ltd v De La Rue International Ltd, [2014] EWHC 68 (Comm), the Queen’s Bench Division of the High Court dismissed an application to annul an arbitral award rendered by a sole arbitrator sitting in London. The circumstances that gave rise…

Annulment, Appeal, Arbitration, Arbitration Institutions and Rules, Joinder, Middle East, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In an encouraging ruling of earlier this year (see Case No. 249 of 2013 – Middle East Foundations LLC v. Meydan Group LLC (formerly Meydan LLC), Commercial Appeal, ruling of the Dubai Court of Appeal of 15 January 2014), the Dubai Court of Appeal confirmed the time extension provisions for rendering final awards under the…

Annulment, Applicable Law, Arbitral seat, Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, Latin America, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, South America

(Universidad Monteávila (Caracas))/ /Leave a comment

One of the most important elements to consider when participating in arbitration proceedings is the available mechanisms to challenge the award of the arbitral tribunal. This element acquires an added significance when it comes to international arbitration where the award may be enforced in several jurisdictions. With that in mind, it is pertinent to refer…

Annulment, ICSID Convention, Investment Arbitration

(Arnold & Porter LLP)/ /Leave a comment

Article 52(4) of the ICSID Convention identifies the provisions of the Convention that apply, mutatis mutandis, to annulment proceedings:  “[t]he provisions of Articles 41–45, 48, 49, 53 and 54, and of Chapters VI and VII . . . .”  While there is wide agreement that an annulment committee may neither “amend or replace the award…

Annulment, Arbitration Institutions and Rules, Arbitration Proceedings, arbitrators’ conduct, ICSID Convention, Investment Arbitration

(International Moot Court Competition Association (IMCCA))/ /Leave a comment

An earlier post examined the general limitations on arbitral discretion. This part will look into the question of actions taken proprio motu and the limits thereto. Functions exercisable proprio motu are perceived as a special case of application of the discretionary powers enjoyed by a tribunal. Actions taken proprio motu must be distinguished from functions…