News & Analysis as of

Public Policy Arbitration Awards

BCLP

HK Court of Appeal Set Aside Arbitral Award for the Absence of Underlying Disputes: No Dispute, No Jurisdiction

BCLP on

In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more

BCLP

HK Court Considered the Proper Scope of the Court’s Intervention Against an Arbitral Tribunal’s Ruling Regarding Public Policy

BCLP on

In G v N [2023] HKCFI 3366 (judgment date: 29 December 2023), a Hong Kong court considered the question of whether and to what extent it is open for the court to review an arbitrator’s ruling on matters of public policy. The...more

White & Case LLP

High Court of South Africa decisively dismisses public policy challenge to the recognition of a foreign arbitral award

White & Case LLP on

On 24 August 2023, the Gauteng Division of the High Court dismissed an application for leave to appeal a court order recognising and enforcing a foreign arbitral award under South Africa's International Arbitration Act 15 of...more

K&L Gates LLP

Consumer Rights and Public Policy Prevent Recognition of Crypto US Arbitration Award in England

K&L Gates LLP on

If an online business thinks it is insulated from court proceedings by an arbitration clause in standard terms, the English Commercial Court decision in Payward Inc. v Chechetkin will give pause for thought, particularly...more

Foley & Lardner LLP

Enforcement of Annulled Foreign Arbitral Awards in the U.S.

Foley & Lardner LLP on

In Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV, 58 F.4th 429 (10th Cir. 2023) (“CIMSA v. GCC”), a panel of judges on the Tenth Circuit held in a 2-1 decision that the U.S. District Court...more

Hogan Lovells

Hong Kong court refuses to enforce mainland arbitral award in a rare decision - Talking Point Asia January 2022

Hogan Lovells on

In a significant decision, a Hong Kong court has set aside an earlier ex parte court order granting leave to enforce an arbitral award made by a PRC arbitral body in the sum of RMB 59 million (HK$72 million). The judge...more

K&L Gates LLP

Privy Council Adopts a Restrictive Approach to Public Policy in International Arbitration - Betamax Ltd v State Trading...

K&L Gates LLP on

Under the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the “New York Convention,” the recognition and enforcement of an arbitration award may be refused if the court where...more

WilmerHale

Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14: Public Policy Challenge Does Not Allow Reopening of Decided...

WilmerHale on

On 14 June 2021, the Privy Council of the United Kingdom (“Privy Council”) handed down judgment in Betamax Ltd (“Betamax”) v State Trading Corporation (Mauritius) (“STC”). The judgment provides important guidance on the...more

Fox Rothschild LLP

U.S. Supreme Court Declines To Review Whether The Federal Arbitration Act Forecloses Public-Policy Challenges To Arbitration...

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For the second time in four years, the U.S. Supreme Court has declined to resolve an arbitration-related issue that state and federal courts have been wrestling with over the last decade: whether the Federal Arbitration Act...more

White & Case LLP

Spanish Constitutional Court Limits the Scope of Review of Awards in Actions to Set Aside

White & Case LLP on

Ruling Confirms Limited Power of Review in Action to Set Aside an Award and Bolsters Confidence in Spain as a Place of Arbitration - The Spanish Constitutional Court has recently issued a judgment that bolsters confidence...more

Franczek P.C.

Tell a Lie and All Your Truths Become Questionable: Appellate Court Orders an Untruthful Officer to be Fired On Public Policy...

Franczek P.C. on

On December 24, 2020, the Illinois Appellate Court First District ruled that it is the public policy of the State of Illinois that police officers are to be honest and truthful in conducting their police duties. In City of...more

Akin Gump Strauss Hauer & Feld LLP

Party Nomination of Arbitrators: Égalité of Parties and the 'Dutco Principle'

Party Nomination of Arbitrators - Parties benefit from a broad freedom in nominating arbitrators. In the context of an arbitration seated in France, the French law principle of égalité (equality) between the parties in...more

Carlton Fields

New York Federal Court Confirms Arbitration Award Where Plaintiff Offered No Grounds to Vacate, Modify, or Correct Award

Carlton Fields on

PB Life and Annuity Co. Ltd. brought this action seeking a declaratory judgment that a breach of contract dispute with Universal Life Insurance Co. was not subject to arbitration and must be litigated in federal or state...more

White & Case LLP

Dissenting Opinion as violation of public policy? The recent annulment decision of the Higher Regional Court of Frankfurt in...

White & Case LLP on

In a recently published annulment decision, the Higher Regional Court of Frankfurt (docket no. 26 Sch 14/18) by way of obiter dictum expressed its views on dissenting opinions in domestic arbitration proceedings. Although the...more

Mintz - Arbitration, Mediation, ADR...

“Two-Tier” Arbitration: Progress in Enforcement of International Arbitral Awards in India

Here is reason for hope for those who face with trepidation the prospect of enforcing an international arbitration award in India. On June 2, 2020, the Supreme Court of India (“ISC”) confirmed the enforceability there of a...more

Carlton Fields

New Jersey District Court Rejects Challenge to Arbitration Award on the Basis of Public Policy

Carlton Fields on

The petitioner challenged an arbitration award on the basis that it conflicted with public policy. “[T]he Third Circuit has explained that this exception does not … sanction a broad judicial power to set aside arbitration...more

Carlton Fields

Kentucky District Court Confirms Arbitration Award Allocating All Environmental Contamination Costs to Petitioner

Carlton Fields on

Following a 2007 settlement concerning the allocation of investigation and remediation costs incurred due to environmental contamination at an industrial complex, the parties agreed to resolve the litigation between the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcing International Arbitration Awards: US Courts Achieve Prompt and Efficient Enforcement, With Safeguards

Recent U.S. court decisions demonstrate that international arbitration remains a widely used and potentially attractive method for resolving international business disputes, largely due to the relative ease of enforcing...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Carlton Fields on

The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Carlton Fields

Second Circuit Confirms Arbitration Awards That Are (Literally) Out of This World

Carlton Fields on

Arbitration over whether a South Korean company or a Bermuda company headquartered in Hong Kong owns a geostationary satellite in light of an order from a South Korean regulatory agency can be complicated. The Second Circuit...more

Hogan Lovells

Hong Kong court refuses to enforce an arbitral award on the basis of violation of public policy

Hogan Lovells on

In Z and Y [2018] HKCFI 2342, the Hong Kong Court of First Instance (“CFI”) refused to recognize and enforce an arbitral award (“Award”) of the China Guangzhou Arbitration Commission (“Commission”) on the basis that...more

Mintz - Arbitration, Mediation, ADR...

#MeAgain: New York Appellate Court Applies State Law to Vacate Arbitration Award As a Violation of Public Policy (Prohibiting...

Lest we forget, many are the arbitrations that are subject to state arbitration law rather than the Federal Arbitration Act (“FAA”). And one should never underestimate the differences between those regimes. For example, under...more

Latham & Watkins LLP

English Court of Appeal Re-Affirms Pro-Enforcement Stance Toward Foreign Arbitral Awards

Latham & Watkins LLP on

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

Carlton Fields

Court Of Appeal Of England And Wales Finds That Party’s Forgery Of Documents In Connection With A Transaction Does Not Bar...

Carlton Fields on

The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission (the “Tribunal”) against RBRG Trading (UK) Limited in favor of Sinocore...more

Franczek P.C.

Arbitration Award Consistent with the One Day Rest in Seven Act

Franczek P.C. on

In Mondelez Global LLC v. International Association of Machinists and Aerospace Workers District No. 8, an employer prohibited its unionized employees from working seven consecutive days without a 24-hour rest period. The...more

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