…never occurs in practice. Indeed, the CCP only provides that : Enforcement orders can be “filed by the most diligent party’” (Article 1516 ); Actions to set aside shall be…
…Commission (“UKLC”) in its report on the UK Bill had stressed that a rehearing allows the losing party a chance to reconsider not just its arguments but also evidence, which,…
Investment tribunals are well-known to examine the abuse of rights doctrine in various contexts, including illegitimate corporate restructuring (Phillip Morris v Australia, para. 588; Lao Holdings v Laos I, para….
…of sole arbitrators, the appointing party’s influence raises legitimate concerns of bias. Similarly, where arbitration clauses provide for one party to choose its nominees from a panel curated by the…
Can a party refuse to participate in an arbitration, and thereafter challenge the arbitral award on the ground that the arbitrator failed to consider a point which was not put…
…the Paris Court of Appeal was right in reversing the decision of the first instance judge that enforced the jurisdictional award. Although France is a party to the Convention, French…
…terminated by the plaintiff pursuant to Article 3 of the Supplementary Provisions of the Arbitration Act. Party A v. Party B, Fourth Collegiate Court in Civil Matters of the…
…(“CORE I”), which held that one party’s power to unilaterally appoint an arbitrator was counterbalanced by a choice provided to the counter party to choose from a panel of arbitrators,…
…Recognition and Enforcement of Foreign Arbitral Awards (“NYC”) applies only to commercial relationships in light of the reservation made by India. And since India is not a party to the…
…of private legal actions, multi-party claims offer perhaps the best assurance of structural relief to address systemic issues, given the availability of class-wide injunctive relief and the name-and-shame scrutiny that…
…between another Sotos client and a third party (the “Sotos Arbitration”). The Sotos Arbitration did not involve any of the parties to the MFA Arbitration, nor were there any issues…
…of discussions including third–party funding, challenges in enforcing arbitration awards, opportunities for collaborations with African arbitration institutions, the role of arbitration in Africa’s energy transition, and key provisions of Nigerian…
…CCP applicable to default judgments rendered against a party residing abroad. The said provision states that the judgement must expressly lay out the diligences taken to inform the respondent of…
…funding, the relation between ad hoc and emergency arbitration, proof of power of attorney, and proper service of awards. Additionally, the volume includes a significant 2024 decision by Ecuador’s Corte…
…Supreme Court held that arbitration clauses which: (i) allow for one party to unilaterally appointment the sole arbitrator; or (ii) in case of a three-member panel, mandate one party to…
…Foreign Arbitral Awards in Seychelles: A Comment on Complete Energy Solutions Limited v. Vetivert Tech (Pty) Ltd [2024] SCCA 13 (3 May 2024) In 1976, Seychelles became a party to…
…behind the Draft Act and the scope of changes it seeks to introduce. The Draft Act largely follows the UNCITRAL Model Law, introducing modern principles such as party autonomy in…
…v Hickey [2015] IEHC 436 (Gilligan J) is cited by the Court. It concerned a party having forfeited its entitlement to bring a set aside application having refused to partake…
…that if one party requests an explanation of an arbitral award, the other party must be heard before the award is issued. The SFSC upheld the respondent’s appeal, holding that…
…majority’s analytical approach should be viewed as pro-arbitration in that it emphatically respected the principle of party autonomy and the international origins of Australia’s domestic arbitration statutes. In CBI Constructors…
…owned or controlled by nationals of Russia or Belarus that have no substantial business activities in the contracting party in which they are organised (Article 17(1) ECT); and (ii) investments…
…the injunctions. Such penalties are owed to the Russian party and generally correspond to the main claim in the arbitration converted into Russian rubles. This post discusses the use of…
…party autonomy and the consensual basis of arbitration. The view adopted by the majority in this case could not fairly be understood as representing a departure from the long-standing policy…
…Art. 1.7). It follows that AR’s ultimate purpose, in the same vein as FET, is to protect the innocent party’s legitimate expectations that it will not be subject to injustice…
