Procedural Order

Appeal, Procedural Error, Procedural Fairness, Procedural Order, Set aside an arbitral award, Set aside an international arbitral award, Singapore, Witness

and (WongPartnership LLP)/ /Leave a comment

It is trite that an award may be set aside if there has been a breach of the rules of natural justice. This may arise from, among others, a tribunal’s procedural ruling. However, during the arbitration, there is no recourse for parties to challenge such procedural rulings. This was the situation in CBS v CBP…

Annulment, Finality, Procedural Error, Procedural Order, Sweden

(University of Aberdeen)/ /Leave a comment

In a recent judgement, the Swedish Supreme Court rejected an appeal against the decision of the first instance which set aside an arbitral award in part due to a procedural error of the arbitral tribunal. The particularity of this case stems from the fact that the procedural error derived from an earlier procedural order of…

Awards, England, English Arbitration Act, English courts, Procedural Order, Set aside an arbitral award

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

The English High Court (the Court) has recently issued two judgments clarifying its approach to determining whether a decision by an arbitral tribunal is an award or a procedural order. A few months ago in ZCCM Investment Holdings PLC v Kansanshi Holdings PLC & Anor (ZCCM), the Court identified a list of factors that it…