Set aside an international arbitral award

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…

Arbitration, Arbitration Proceedings, Commercial Arbitration, Enforcement, Poland, Set aside an arbitral award, Set aside an international arbitral award

(Kancelaria Adwokacka Adwokat Marcin Orecki)/ /Leave a comment

Introduction On 1 January 2016, the Act on Promoting Amicable Dispute Resolution Methods (dated 10 September 2015, published on 13 October 2015, Official Journal of Laws of the Republic of Poland, item 1595), available in Polish here (“Amendment”), which was a subject of my previous post, will come into force. The Amendment is the first…

Arbitration, Arbitration Proceedings, Arbitrator's Fees, Set aside an arbitral award, Set aside an international arbitral award, Sweden

(Climate Change Counsel)/ /Leave a comment

The Swedish Arbitration Act [“Act”] is currently under review. In 2014, 15 years after the Act first entered into force, a committee was given the task of assessing how well it has worked in practice and how it measures up internationally. According to the committee’s terms of reference, the primary motivation behind the review is…

Arbitration Agreements, Arbitration Institutions and Rules, Commercial Arbitration, Hybrid arbitration clause, Set aside an international arbitral award, Sweden

(University of Aberdeen)/ /1 Comment

Party autonomy is a well-established cornerstone of arbitration, which treats the parties as the true creators of the arbitral procedure. Hybrid arbitration clauses are built on this cornerstone. In a certain type of hybrid arbitration clause, the parties place the administration of arbitration in the hands of one arbitration institution by using the rules of…

Bankruptcy and arbitration, Enforcement, Poland, Set aside an arbitral award, Set aside an international arbitral award

(Kancelaria Adwokacka Adwokat Marcin Orecki)/ /Leave a comment

The Ministry of Economy of the Republic of Poland prepared and published a draft act (“the Draft Law”) (a draft law on promoting amicable dispute resolution methods, available in Polish here ). The Draft Law proposes amendments to the Polish Arbitration Law (part five of the Polish Code of Civil Procedure (“CCP”), Official Journal of…

Arbitral Award, Enforcement, England, English Law, Set aside an arbitral award, Set aside an international arbitral award

(University of Aberdeen)/ /2 Comments

The Main Approaches Regarding Enforcement of Annulled Foreign Awards The ongoing issue of whether an award that was set aside in the country of origin should be enforced has recently arisen in England and Wales. This issue has divided jurisdictions in two camps: the first camp is comprised of jurisdictions that are ready to enforce…

Enforcement, New York Convention, Qatar, Set aside an international arbitral award

(Qatar International Center for Conciliation and Arbitration)/ /Leave a comment

Few days ago, the Qatari Supreme Court decided to overturn an earlier judgment of the Doha court of appeal which upheld a decision of the court of first instance to set aside an ICC arbitral award as being in violation of the Qatari public policy. The new ruling comes in rescue of the Qatari courts’…

New York Convention, Qatar, Set aside an international arbitral award

(Qatar International Center for Conciliation and Arbitration)/ /Leave a comment

In an earlier post, it was reported that several domestic arbitral awards rendered in Qatar have been set aside by the national judges based on the necessity to be rendered in the name of His Highness The Emir of Qatar, otherwise these awards were considered in violation of public policy. Few weeks ago, a new…

Arbitration Awards, Domestic law, France, ICC Arbitration, New York Convention, Set aside an international arbitral award, State entity, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In a blog earlier this year (see my blog of 12 March 2013), I expressed concerns about a Dubai Court of First Instance ruling (see Case No. 489/2012, ruling of the Dubai Court of First Instance of 18 December 2012) that in complete disregard of the prevailing provisions of the New York Convention (see Convention…

Costs, Costs in arbitral proceedings, ICSID Convention, International arbitration, Legal Practice, Set aside an arbitral award, Set aside an international arbitral award, Uncategorized

(B. Cremades y Asociados)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

It is not uncommon to see the losing party of an ICSID arbitration filing a frivolous request for annulment merely to engage the opposing party in settlement negotiations. Another frequent abuse of ICSID’s annulment mechanism is to attempt to re-litigate the merits at the annulment stage. An annulment proceeding under the ICSID Rules typically takes…

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…

Arbitration, Asia-Pacific, Domestic Courts, Domestic law, Enforcement, Set aside an arbitral award, Set aside an international arbitral award, Uncategorized

(Chapman Tripp)/ /2 Comments

Arbitration is underpinned by natural justice. Article 18 of the Model Law, enshrining the right of the parties to be treated with equality, and given a full opportunity to present their case, was described by UNCITRAL in 1985 as the “Magna Carta of Arbitral Procedure”. Yet the Model Law does not in Articles 34 and…

Set aside an arbitral award, Set aside an international arbitral award

(Taylor Wessing)/ /10 Comments

It must be an arbitrator’s nightmare: Imagine a high-stake arbitration that goes on for years, the entire distance, including witness hearings and expert evidence, only for the final award to be set aside on procedural grounds. And this is exactly what the Frankfurt Court of Appeals (Oberlandesgericht Frankfurt) did in a judgment in February 2011:…

Enforcement, France, New York Convention, Russia, Seat of the arbitration, Set aside an international arbitral award

(Herbert Smith Freehills LLP)/ /7 Comments
Herbert Smith Freehills

One of the oft quoted advantages of arbitration is the perceived certainty that the national courts of New York Convention states should enforce an arbitral award unless one of the limited grounds for refusal is met. However, the relationship between national courts and arbitration is far from straightforward. In particular, one notable area where there…

Arbitration Agreements, Arbitration clause, Commercial Arbitration, Dispute resolution clause, International arbitration, Jurisdiction of the arbitral tribunal, Partial award, Set aside an international arbitral award, Switzerland

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

By Matthias Scherer and Sam Moss In a recent decision issued on 7 November 2011 on a request for annulment of a partial award on jurisdiction rendered by the Court of Arbitration for Sport (“TAS”), the Swiss Supreme Court recalled and applied its previous jurisprudence on the interpretation of pathological arbitration clauses (Case 4A_246/2011). The…

Annulment, Anti-arbitration, Appeal, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, BIT, Foreign Investment Law, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz, New York Convention, Pre-arbitration Dispute Settlement Procedures, Principle of finality, Set aside an international arbitral award

(Independent Arbitrator)/ /Leave a comment

It has become fashionable in recent years, each time an ICSID annulment decision is released that takes issue with the procedures or reasoning of an ICSID tribunal, for commentators to bemoan the lack of certainty, predictability and finality that this reflects in the ICSID system for adjudicating investment treaty disputes between investors and host States….

Arbitral seat, Arbitration clause, China, Enforcement, Hong Kong, Mediation, Set aside an international arbitral award, Sovereign Immunity, UNCITRAL Model Law

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

2011 has delivered some significant arbitration developments in Hong Kong, most of which (with some exceptions!) have been undoubtedly positive. So, what were the highlights of the Hong Kong arbitration year – and what challenges might lie ahead? First, Hong Kong’s new Arbitration Ordinance (cap. 609) came into effect on 1 June 2011 (blogged here)….

New York Convention, Set aside an international arbitral award

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

If it isn’t pleaded, you can’t consider it. That in a nutshell appears to be the holding established recently by the Singapore High Court in Kempinski Hotels SA v PT Prima International Development [2011] SGHC 171 (“Kempinski”). That case saw the setting aside of three related international arbitration awards on the basis that the tribunal…

Arbitral seat, Enforcement, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award

(Herbert Smith Freehills LLP)/ /2 Comments
Herbert Smith Freehills

In 1961, three years after the adoption of the New York Convention, the European Convention on International Commercial Arbitration was adopted in Geneva (the Geneva Convention). At the time, the Geneva Convention was noteworthy as being the first international instrument to refer to “international commercial arbitration” by name. Today, however, many practitioners give little consideration…

Asia-Pacific, Public Policy, Set aside an international arbitral award, Settlement

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

At the Herbert Smith Singapore Management University Asian Arbitration Lecture delivered by Michael Hwang SC on 4 August 2011, Hwang SC discussed incisively issues concerning the enforcement of arbitral awards concerning contracts allegedly tainted by corruption. Less than three weeks after that seminal lecture, the Singapore Court of Appeal in AJU v AJT [2011] SGCA…

Africa, Asia-Pacific, BIT, Canada, Energy Charter Treaty, Europe, International arbitration, International Law, Investment agreements, Investment Arbitration, Investment protection, NAFTA, North America, Russia, Set aside an arbitral award, Set aside an international arbitral award, South America

(Investment Arbitration Reporter)/ /Leave a comment

Last year, around this time, I offered a list of 10 investor-state arbitral awards I hoped to see in 2010. If time permits, I may do another list for 2011. But, first I thought I’d take a look back at last year’s list and offer a brief update on those cases. Rather, than do all…

Appointment of arbitrators, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, ICC Arbitration, National Arbitration Laws, Partial award, Set aside an international arbitral award

(Castaldi Mourre & Partners)/ /2 Comments

Amongst the many issues raised by the now famous Tecnimont case, which we analyzed in our 19 May 2009 blog , was the relevance in setting aside proceedings of institutional rules relating to challenges. The ICC partial award had been quashed by a 12 February 2009 judgment of the Court of Appeal of Paris, because…

Arbitration Proceedings, Arbitrators, Enforcement, Set aside an international arbitral award

(BOPS Avocats)/ /Leave a comment
YIAG

Can arbitrators be called to give testimony on the arbitral procedure before the court in charge of annulment or enforcement actions? Courts in England and Norway had to tackle this issue and have given a similar answer to this question: arbitrators can be asked to give testimony as to the elements of facts of the…

Arbitration Agreements, Arbitration Awards, Commercial Arbitration, Domestic Courts, Europe, Public Policy, Set aside an international arbitral award

(Castaldi Mourre & Partners)/ /Leave a comment

The arbitrability of a dispute is not generally limited to private law. In many countries, including Germany and Switzerland, it is admitted that arbitration can also bear on claims derived from public law, and in particular on rights conferred upon by contracts subject to administrative law. Arbitrability of such disputes may however be more problematic…