Public Policy

COVID-19, Interim Award, Interim measures, New York Arbitration Week, Public Policy

, , (Debevoise & Plimpton LLP)/ /Leave a comment

One of the highlights of New York Arbitration Week 2022 was “Choosing Wisely: The Challenge of Interim Measures in International Arbitration”—a panel jointly hosted by New York International Arbitration Center (NYIAC) and the Chartered Institute of Arbitrators, New York (CIArb-NY) on November 16, 2022.  Departing from the traditional format, the session featured two mock interim…

Public Policy, Recognition and enforcement of arbitral award, Set aside an arbitral award

/ /1 Comment

One of the articles authored by Dr Monique Sasson and featured in the Journal of International Arbitration Special Issue on Empirical Work in Commercial Arbitration, edited by Dr Monique Sasson, Dr Crina Baltag, Roger P. Alford, Matthew E.K. Hall, under the general editorship of Prof. Dr Maxi Scherer, discussed the public policy in the light…

Arbitration Agreement, empirical data, Empirical Research, Enforcement of an arbitration clause, International Commercial Arbitration, International Law Talk, Kluwer Podcast, Public Policy, Set aside an arbitral award

/ /Leave a comment

International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law.  Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration.   In this latest episode, Prof….

Enforcement, Korea, New York Convention, Public Policy

, (Yonsei Law School)/ /Leave a comment
KCAB Next

Under Article V(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the New York Convention, “NYC”), a court may refuse to recognize or enforce a foreign award if “recognition or enforcement of the award is contrary to the public policy of that country.” The NYC does not define the term…

Estonia, Public Policy

(NJORD Law Firm)/ /Leave a comment

The 168 parties to the New York Convention, including Estonia, have made a promise to recognize and enforce foreign arbitral awards. One of the few grounds – and probably the most discussed one – to refuse the recognition and enforcement is, under Article V(2)(b) of the New York Convention, the contradiction to the public policy…

Belarus, Public Policy, Recognition and enforcement of arbitral award

(Bureau 24 Law Group)/ /2 Comments

This blog post examines the approaches of Belarusian law and judicial practice to the application of public policy rules. Considering specific cases, the author makes suggestions for mitigating the risks to challenge of arbitral awards on the grounds of non-compliance with Belarusian public policy.   Supreme Court Resolution on Public Policy Under Belarusian law, Belarusian…

Foreign seat, India, Interim measures, New York Convention, Party autonomy, Public Policy

, (Cyril Amarchand Mangaldas) and / /Leave a comment

In a landmark ruling in PASL Wind Solutions Private Limited v. GE Power Conversion,1)Special Leave Petition (Civil) 3936 of 2021 (arising out of GHC judgment dated November 11, 2020), Supreme Court of India Judgment dated April 20, 2021. India’s Supreme Court rejected the argument that the designation of a foreign seat between two Indian parties…

Interim measures, Public Policy, Sanctions, Ukraine

, (CMS CMNO)/ /Leave a comment

There is still a common misconception among foreign arbitration practitioners that in post-soviet countries the courts often tend to refuse recognition and enforcement of arbitral awards based on public policy. Is this characterisation fair with respect to Ukraine? There have been five recent cases in Ukraine on violation of public policy, with some landmark decisions…

COVID-19, Enforcement, Investment Arbitration, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy

(Quinn Emanuel Urquhart & Sullivan LLP/ Katholieke Universiteit Leuven)/ /Leave a comment
Young ICCA

Exceptional times call for exceptional measures. We have all been experiencing a global pandemic for almost a year now. In an era where the legal exception tends to become the mainstream rule, one is left to wonder how far can this reversal of odds go. Is the global public health crisis susceptible to calling into…

Due process, Public Policy, Transparency

(White & Case LLP), (Derains & Gharavi), and (Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment
Rising Arbitrators Initiative (RAI)

On 1 October 2021, the Rising Arbitrators Initiative brought together an esteemed group of arbitration practitioners for the organization’s inaugural event, which tackled due process concerns. The event, which was divided into two sessions to allow participants to join from Asia, Australia, Europe, Africa, and the Americas, addressed substantive and procedural due process.   Substantive…

Arbitral Award, COVID-19, Enforcement, International arbitration, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, Recognition and enforcement of arbitral award, Virtual hearings

(American University of Armenia, ADR Clinic), (American University of Armenia, Technology and Innovation Legal Clinic), and (Beale & Company LLP)/ /Leave a comment

The COVID-19 outbreak as of now affects 183 states and a number of territories. Out of 164 State signatories to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”) only Marshall Islands, Tonga, Palau are not affected by the pandemic; all 153 state members to the ICSID Convention…

Arbitral Tribunal, Commercial Arbitration, EU Law, Poland, Public Policy, State Aid

(Queritius)/ /Leave a comment

In its judgment of 26 November 2019 (I ACa 457/18), the Warsaw Court of Appeal gave its view on the duties of arbitrators and counsel in cases involving state aid. In a well-argued decision, the Court reversed the decision of the lower court and annulled an award rendered by a prominent international tribunal on the…

Enforcement of an award that was set aside, France, New York Convention, Public Policy, Set aside an international arbitral award

(PwC Legal)/ /Leave a comment

An award set-side underlines that it has been annulled in the jurisdiction in which it has been rendered. The grounds for setting aside an award are provided by the UNCITRAL Model Law and are quite similar throughout numerous jurisdictions. Article V of the New York Convention (‘NYC’) presents a set-aside award as one of the…

Enforcement, India, Public Policy, Set aside an international arbitral award

/ /2 Comments

In a recent decision, National Agricultural Co-operative Marketing Federation of India (NAFED) v. Alimenta S.A. (“NAFED”), the Indian Supreme Court (“SC”) refused to enforce a foreign award on the ground of it being opposed to public policy under Section 7 (1) (b) (ii) of the Foreign Awards (Recognition and Enforcement) Act, 1961 (“the 1961 Act”)….

COVID-19, Force majeure, India, Insolvency, Public Policy, United States, United States Courts, USA

/ /Leave a comment

The COVID-19 pandemic and the ensuing lockdowns have the legal community debating and exploring force majeure. That, however, does not rule out the imminent likelihood of international arbitration locking horns with domestic insolvency law. Arbitration agreements and subsequent awards may possibly be left redundant and award-holders remediless where insolvency proceedings are commenced in respect of…

Australia, Enforcement, England, Hong Kong, New York Convention, Public Policy, Singapore

, (Debevoise & Plimpton)/ /Leave a comment

Public policy defences to the recognition and enforcement of arbitral awards continue to generate uncertainty. Under Article V(2)(b) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), an award may be refused recognition or enforcement if “[t]he recognition or enforcement of the award would be contrary…

Arbitrability, Iran, Public Policy, Sanctions, United States

, / /2 Comments

In January 2020, following the Executive Order of President Trump, the United States imposed additional sanctions targeting predominately Iran’s metals sector including copper, iron and steel manufactures (the “Order”). These sanctions were designed to expand secondary sanctions to cover new industry sectors such as mining, textiles and construction. The secondary sanctions aim to deter and…

Annulment, France, Public Policy, Set aside an arbitral award

(CastaldiPartners)/ /Leave a comment

The Paris Court of Appeal considers that the arbitral awards annulled at the place of the arbitration do not amount to a valid cause for refusal of enforcement in France. Recently, the Court specified that whether the interests at stake are international or national does not change this position.   Background of the Dispute  On…

OHADA, Paris Court of Appeal, Primacy of International Law, Public Policy, Supranational Order, Uniform Acts

(Shearman & Sterling)/ /Leave a comment

A decision by the Paris Court of Appeal rendered in 2018 rejected a request by the state of Cameroon for annulment of an arbitral award that had applied OHADA law over Cameroonian law (CA Paris 16/25484, 20 December 2018). The action for annulment had been brought by the state of Cameroon against three arbitral awards…

Enforceability, Public Policy, Russia, Sanctions, Ukraine

(Kulkov, Kolotilov and Partners)/ /Leave a comment
Young ICCA

We live in time when sanctions hit the headlines almost every quarter. Naturally, this frustrates contracts and creates additional causes for disputes. However, there exists uncertainty as to whether sanctions also render awards unenforceable on the grounds of public policy. As will be shown in this post, even within the supreme court of one country…

Enforcement, Kazakhstan, New York Convention, Public Policy

/ /Leave a comment

The overwhelming weight of opinion among legal practitioners is that enforcement of foreign arbitral awards in Kazakhstan is theoretically possible under the New York Convention (“NY Convention”), albeit problematic in practice due to ambiguity in the Kazakh legislations. Many problems associated with the recognition and enforcement of foreign arbitral awards in Kazakhstan and the application…

Arbitrator Bias, Arbitrators, Austria, Impartiality, Independence and Impartiality, Public Policy, Revision of Award, Set aside an arbitral award, Switzerland

(ARP Attorneys)/ /Leave a comment

Like virtually all arbitration laws, the Austrian Arbitration Act is silent on whether the lack of impartiality and independence of an arbitrator may be invoked for the first time in setting aside proceedings in cases where a party becomes aware of the relevant circumstances only after the award was rendered. The Austrian Supreme Court has,…

Arbitrability, Arbitration Agreement, Arbitration clause, Public Policy, Reform, Saudi Arabia

(University of Miami School of Law)/ /Leave a comment

“Recourse to arbitration has now become a right of the competent ministry with the agreement of the Ministry of Finance. Whereas recourse to arbitration was previously an exception, now, this is a clear confirmation by the government of the importance of arbitration and the government’s commitment to participate in more rapid, cost-effective litigation.” – Saudi…

Arbitrability, Arbitration, Arbitration Proceedings, Domestic Courts, Non-signatory, Public Policy, Right to be heard

(Lanter)/ /1 Comment

This is the 1st part of the report highlighting the most significant arbitration related decisions of the Swiss Federal Supreme Court (the “Supreme Court”) issued in 2019.   Arbitrability In the decisions 4A_244/2019 and 4A_246/2019 of 12 December 2019, the Supreme Court dealt with the issue of arbitrability. In two arbitrations brought before a tribunal…