On 14 July 2023, the English High Court denied the enforcement of an arbitral award (“Final Award”) rendered under the Judicial Arbitration and Mediation Services (“JAMS”) Arbitration Rules in San Francisco, California. The presiding judge, Mr Justice Bright, held that the Final Award was contrary to UK public policy as outlined under the Consumer Rights Act 2015 (“CRA”) and the Financial Services and Markets Act 2000 (“FSMA”). Factual Background The underlying dispute was between three…
On 9 March 2023, the German Federal Court of Justice (“BGH”) confirmed the decision of the Higher Regional…
On September 2, 2022, the Supreme Court of Ukraine had to decide whether the New York Convention applies to the…
Arbitration proceedings are becoming increasingly complex.[1] Pleadings are getting longer. Written evidence and the taking of evidence in general are becoming more extensive. 100,000 pages of documentary evidence in a single arbitration proceeding? This is no longer uncommon. But does this mean that awards in arbitration must also become increasingly comprehensive? It is a nearly universal principle that, unless otherwise agreed, international arbitral awards must set forth the reasons for the tribunal’s decision.[2] The requirement…
Jiangsu Beier Decoration Materials Co. v. Angle World LLC, No. 21-3143 (3d Cir. Nov. 3, 2022)[1] Factual Background…
Outokumpu Stainless USA, LLC, v. Coverteam SAS (aka GE Energy Power Conversion France SAS, Corp.,), No. 17-10944 (11th Cir.…
In a decision published on the 19th July 2022, the Swiss Federal Supreme Court (“SFSC”) denied the enforceability of an arbitral award that ordered the two claimants to pay the respondent a party compensation, but did not provide for a joint and several liability of the two debtors (case no. 5A_335/2021[1]). The SFSC clarified that it is not the duty of the enforcement court to interpret the award submitted as an enforcement title. Rather, it…
Iraq Telecom Ltd. v. IBL Bank S.A.L., No. 21cv10940 (S.D.N.Y. Apr. 8, 2022)[1] Factual Background In 2011, Iraq Telecom…
It is trite that an arbitral tribunal has no jurisdiction to decide any issue that has not been…
Australian Courts continue to take an arbitration friendly approach to applications to recognise and enforce foreign awards. In EBJ21 v EB021,[1] the Federal Court of Australia (“FCA”) considered whether to recognise or enforce a confidential arbitral award in circumstances where the award had been paid on time and in full. Factual Background The parties had entered into a confidential deed of settlement, with payment due one month later. Immediately, and prior to the due date…