Arbitration Award

Arbitration, Arbitration Award, Arbitrators, Australia, Final Award, Finality, Functus Officio, SIAC, Singapore, Singapore Court of Appeal

(HFW Singapore LLP) and / /1 Comment

The judgment of the Singapore Court of Appeal (“Court”) in Voltas Ltd v York International Pte Ltd [2024] SGCA 12 (“Voltas v York”) helpfully settles the question of whether or not an arbitrator is able to impliedly reserve his or her jurisdiction after rendering a final award as a matter of Singapore law. Additionally, the…

Arbitration Award, Chinese Arbitration Law, Enforcement

(Arnold & Porter), (JunHe LLP), and / /Leave a comment

It is well-recognized in the world of international arbitration that the curial courts—those at the seat of the arbitration—have supervisory jurisdiction over their local arbitral proceedings (the so-called “seat standard”). Despite this, Chinese courts have historically been reluctant to take on the mantle of this supervisory jurisdiction for arbitrations administered by foreign arbitration institutions within…

Africa, Appeal, Arbitration Award, Ethiopia, Finality Clause

(Bahir Dar University)/ /Leave a comment

Almost 4 years ago, Kluwer Arbitration Blog published an article titled “The Fate of Finality Clause in Ethiopia” by Mintewab Afework, which clearly examined the parties’ prerogative to submit their disputes to arbitration and to waive their right of appeal on the final arbitral award, as applicable at the time. After 4 years, two significant…

Arbitration Award, Emergency Arbitrator, Enforcement, Singapore

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On 7 October 2022, the High Court of the Republic of Singapore (“High Court”) delivered a landmark decision on the enforceability of foreign emergency arbitration awards in CVG v CVH. The High Court rejected the enforceability of the emergency award on the ground of procedural irregularity, reinforcing the importance of due process even in cases where…

Appeal, Arbitral Award, Arbitration Award, Arbitration Awards, Awards, Final Award, Finality, Fraud, Revision of Award

, (Busse Disputes)/ /1 Comment

One of the great advantages of arbitration is that it is a “one-shot” dispute resolution mechanism that does not allow for a series of appeals. Indeed, many users stress the finality of awards and the lack of an appeals mechanism as a valuable characteristic of arbitration. However, there may be situations where the “one shot”…

Admissibility, Arbitration Award, Hong Kong, Jurisdiction, Jurisdiction of the arbitral tribunal

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ArbitralWomen

The differences between admissibility and jurisdiction in arbitration have been recognized in various jurisdictions, such as the UK, US and Singapore, and they have been covered extensively in academic scholarship. This post will discuss the distinctions drawn between admissibility and jurisdiction by the Court of Appeal in Hong Kong in C v D.1)[2022] HKCA 729;…

Arbitral Award, Arbitration Award, Arbitration Awards, Arbitrator's mandate, Arbitrators, Awards, Efficiency, ICSID Arbitration, Reasoned Awards

(Henry William Lawyers)/ /4 Comments

There’s a story told of Abraham Lincoln who, during his days as a working lawyer, was riding in a stagecoach from one rural courthouse to another. His companions got to discussing human anatomy, and one of them asked Lincoln, a distinctly tall man himself, how long he thought a man’s legs should be. Long enough,…

Amicus Curiae, Arbitration, Arbitration Award, empirical data, Empirical Research, Procedure, Transparency, transparency, Transparency in investment arbitrations

(WilmerHale)/ /Leave a comment

On 5 May 2022, Young ITF hosted its launch event, covering a debate on the motion that “[t]his House believes that greater use of Amicus briefs will address the legitimacy crisis that [Investor-State-Dispute-Settlement (“ISDS”)] is facing”. The selection of this topic seemed reasonable as the legitimacy crisis of ISDS particularly affects the upcoming generation of…

Arbitration Award, Enforcement, Hungary, International Public Policy, New York Convention

(SMARTLEGAL Schmidt & Partners)/ /Leave a comment

Drawing a well-defined line of demarcation between domestic and international public policy when enforcing foreign arbitral awards sends a clear pro-arbitration message from national courts in any jurisdiction. Does Hungarian case law come close to this level of sophistication? This post analyses this question in the context of procedural public policy, and it does so…

Arbitral Award, Arbitration Award, Dissenting opinions, Germany

, (Willkie Farr & Gallagher LLP)/ /Leave a comment
Young ICCA

A one paragraph obiter dictum in an annulment decision rendered by the Frankfurt Higher Regional Court (the “Court”) on 16 January 2020 (26 Sch 14/18) reignited an old debate: are dissenting opinions in German arbitration proceedings permissible? From an international perspective, dissenting opinions in arbitral awards are by no means unusual.  That is why it…

Adjournment, Arbitration Award, Enforcement, Netherlands, New York Convention

(De Brauw Blackstone Westbroek N.V. )/ /Leave a comment

The issue of adjournment of enforcement proceedings relating to foreign arbitral awards that are subject to setting aside proceedings has featured prominently before national courts in recent years and has been the subject of other contributions on this blog (see here and here). This topic is especially significant in the Netherlands, an important jurisdiction for…

Arbitrability, Arbitral seat, Arbitration Award, Arbitration clause, Arbitration institution, Arbitration Institutions and Rules, Enforcement, Paris Arbitration Week, Seat of the arbitration, Virtual hearings, Webinar

(Addleshaw Goddard LLP)/ /Leave a comment

The third edition of the Jeantet “Arbitrating in CEE and CIS” roundtable was held virtually during the Paris Arbitration Week on Wednesday, 8 July 2020. The topic of this year’s edition laid stress upon “Do and Don’t’s When Choosing a Seat and Enforcing in CEE/ CIS/ Russia: State of Play”. Because of both the significant…

Arbitration Award, Swiss Private International Law Act, Switzerland

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Arbitral awards can be annulled on exhaustive grounds prescribed in the lex arbitri. Under UNCITRAL Model Law Art. 34/2/a/iii an award can be challenged, if arbitrators award differently than the submissions of the parties (ultra or extra petita). In a recent judgment, the Swiss Federal Supreme Court (hereafter “SFSC”) partially annulled an ICC-award on extra petita (4A_294/2019), as the…