The Law Commission’s Final Report on the Arbitration Act 1996 makes a modest number of important recommendations for reform.
On 6 September 2023, the Law Commission concluded its review of the Arbitration Act 1996 (the...more
Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what...more
The discontinuation of LIBOR in 2022 may pose a risk to arbitration proceedings. Preparation is key to a smooth transition.
Key Points:
..LIBOR, which is widely used in financial transactions and is embedded in many...more
Given recent developments, parties with cross-border agreements and arbitration with Chinese counter-parties should look to Hong Kong as a seat of arbitration.
On 2 April 2019, the Hong Kong SAR Government and the PRC...more
Parties must draft arbitration agreements with Chinese parties clearly and precisely to ensure validity and avoid unwanted litigation.
A Beijing court recently adopted a pro-arbitration approach in upholding the validity...more
Judgment clarifies the exceptional circumstances in which anti-arbitration injunctions against foreign-seated arbitrations might be granted.
In Sabbagh v Khoury, Justice Knowles in the High Court issued an anti-arbitration...more
The decision confirms that UNCITRAL Rules do not impose a higher procedural fairness burden than the Arbitration Act and that the foreign act of state doctrine applies in arbitrations.
The Commercial Court considered...more
Decision encourages a deferential approach to enforcing foreign awards in England and confirms narrow interpretation of the public policy exception under the New York Convention.
The English Court of Appeal has confirmed...more
On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more
5/8/2017
/ Arbitration ,
Brussels Convention ,
Chamber of Commerce ,
Criminal Prosecution ,
ICSID ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
ISDA Master Agreement ,
Jurisdiction ,
New York Convention ,
SIAC
Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain.
“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more
7/14/2016
/ Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Bilateral Investment Treaties ,
Canada ,
Conflicts of Interest ,
Enforceability ,
EU ,
Financial Institutions ,
Forum Selection ,
Free Trade Agreements ,
ICSID ,
Implementation Day ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Investor State Dispute Settlement (ISDS) ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Restitution ,
Romania ,
SDN List ,
Sovereign Immunity ,
SWIFT ,
Switzerland ,
Venezuela ,
Zimbabwe
A recent English High Court decision suggests that some such awards may be enforceable notwithstanding the rule against penalties.
In Pencil Hill Limited v US Citta di Palermo S.p.A., the English High Court enforced an...more