1. Summary Could permission to set aside the English court’s permission to enforce a Swedish arbitral award allegedly obtained by fraud be granted in circumstances where the Swedish courts had dismissed an application to set aside the award? In Anatolie Stati and others v Republic of Kazakhstan [2017] EWHC 1348 (Comm), the English court held that the Respondent had established a sufficient case that an arbitral award had been obtained by the fraud of the…
In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle…
Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again…
The United States District Court for the Southern District of Florida, in Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte Int’l GmbH, Case No. 16-24275-CIV (S.D. Fla. May 1, 2017), recently confirmed an ICC award in favor of Del Monte International GmbH against Costa Rican pineapple grower Inversiones y Procesadora Tropical INPROTSA, S.A. Del Monte and INPROTSA were parties to an exclusive Pineapple Sales Agreement that called for ICC arbitration in the event of…
In its decision of 28 September 2016,[1] the Austrian Supreme Court (“OGH”) partially set aside an arbitral award…
Appellants brought an arbitration against Appellees, asserting claims under both federal and Puerto Rico law for violations of…
In 1999, Enron Nigeria Power Holding, Ltd (“ENPH”) entered into a power purchase agreement (“PPA”) with Nigeria, Lagos State, and the National Electric Power Authority of Nigeria. The PPA envisioned construction of electricity generation units in three phases, however, shortly after its execution, the PPA was deemed invalid by the Nigerian Attorney General and had to be amended. Phases I and III of the PPA were sold to another entity, while ENPH retained its Phase…
On April 19, the special chamber of the Brazilian Superior Court of Justice denied recognition of an arbitral…
Petitioner, Trina Solar US, Inc. (“Trina”), is a California company that manufactures and sells solar panels. In 2012,…
Canada has long been an arbitration-friendly jurisdiction and was the first state to adopt the 1985 UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). On March 22, 2017, the Canadian province of Ontario updated its international arbitration regime to adopt the 2006 amendments to the Model Law. The Ontario International Commercial Arbitration Act, 2017, SO 2017, c 2 (the “ICAA”) replaces the former Ontario International Commercial Arbitration Act, RSO 1990, c I.9 (the “Former…