The setting aside of an arbitral award is a rarity in the Austrian legal landscape. However, on 3 April 2024, the Austrian Supreme Court (the “ASC”) issued a landmark decision…
…a due process violation. In the underlying case of Newcastle United FC v Premier League FA, however, the UK High Court refused to remove the arbitrator under Section 24 of…
…the establishment of the multilateral investment court and appellate mechanism, which are still undergoing debate and deliberation. These reform elements, if implemented, would see the establishment of new institutions (whether…
…The importance of this was illustrated by the refusal of the Court of First Instance of Hong Kong (“Court”) to enforce an arbitral award for an arbitrator’s lack of attention….
…here). Like the UK Supreme Court decision in Halliburton v Chubb, the Court reiterated the application of ‘reasonable apprehension of bias’ when dealing with “apparent” bias. In contrast to the…
…HCCH temporarily settled for adopting the Convention of 30 June 2005 on Choice of Court Agreements (“Choice of Court Convention”). The aim of the Choice of Court Convention is to…
…register if a Swiss court has declared the relevant arbitration award enforceable (see Article 177(1) of the Swiss Private International Law Act and the Swiss Federal Institute on IP’s Decision…
…providing for a specific local court; Resp 1,797,109 STJ regarding EJAs providing for a foreign court). This approach arguably struck a sensible balance between party autonomy and due process considerations….
…court. Pakistani law treats all documents filed in court as public documents and while there are existing processes for keeping individual documents confidential during court proceedings, extending that process to…
…of the Arbitration Act 1996. These provisions permit a court application to challenge an award on the grounds of substantive jurisdiction and/or serious irregularity. The Court dismissed both challenges and…
…costs. Thywissen applied for recognition and enforcement of the Award with the Arbitrazh (Commercial) Court of Novosibirsk Region (the first instance court). The first instance court granted the application stating…
…the court. The U.S. Supreme Court granted certiorari but dismissed the review as “improvidently granted” after oral arguments, leaving the Fifth Circuit’s ruling unchanged. Henry Schein Inc. v. Archer &…
…in predicting outcomes of court judgments of the European Court of Human Rights (“ECtHR”) and the Supreme Court of the United States (“SCOTUS”) and took place in 2016 and 2017…
…major changes that enhance respect for party autonomy and limit court intervention, including limiting the grounds for setting aside awards. The Arbitration Law includes clauses that prevent disruptive court interference…
…Decision The Supreme Court partially agreed with the Advocate-General but refused to annul the Court of Appeal’s judgment. First and most importantly, the Supreme Court confirmed that the (voluntary) nature…
The recent decision by the Bahrain Court of Cassation (“COC”) in Case No. 31 of 2023, issued on 8 January 2024 (“COC Judgment”), marks a significant development in the application…
…Court), the García Armas (Paris Court of Appeal) and the Escho (Brazilian Superior Court) arbitrations, leading cases on the duty to disclose. The courts concluded that the failure alone does…
Through Ruling No. 3232-19-EP/24, Ecuador’s Constitutional Court (“Court”) settled a long-standing discussion and confirmed that recognition prior to the enforcement of foreign arbitral awards is an unreasonable requirement in light…
…correct basis. The Supreme Court Permission was then granted to appeal to the Supreme Court on three grounds. Firstly, had the Court of Appeal erred in amending the question of…
…is therefore a tension between finality versus the court’s duty to stand as the guardian of public policy. Whether a review of an award should be allowed under this ground,…
…Registrar of the Supreme Court within the meaning of the Supreme Court of Judicature Act 1969.” At what stage are arbitrators’ fees determined? The question of when arbitrators’ fees are…
…considers the recent Court of Appeal decision in The Newcastle Express, which involved a challenge to the existence of the arbitration agreement premised upon a condition precedent to the existence…
…which cater to specific sectors like finance (P.R.I.M.E. Finance), art (the Court of Arbitration for Art), and aviation (the Hague Court of Arbitration for Aviation). Camilla Perera-de Wit (Netherlands Arbitration…
The Irish High Court (“the High Court”) in a recent decision in Jephson & Jephson v. Aviva Insurance Ireland DAC [2024] IEHC 309 (“the Jephson decision”) made an Order to…
