The Ninth Circuit Court of appeals reversed a district court’s refusal to vacate an arbitration award for improper conduct by the Tribunal chairman, finding that the three-month challenge period was extended by equitable tolling. Plaintiff held an investment account with Defendant and entered into a “Client Agreement” requiring it to bring all claims or controversies under the agreement to arbitration before any self-regulatory organization or exchange of which Defendant is a member. Plaintiff later commenced…
The Southern District of New York rejected public policy and due process defenses and confirmed an international arbitration…
A U.S. District Court rejected Argentina’s attempt to vacate a USD 21 million international arbitration award in a…
In a landmark decision, the UK Supreme Court has determined that the New York Convention does not permit domestic courts to require the provision of security as a condition for challenging the recognition and enforcement of an arbitral award on public policy grounds. Background The judgment handed down on 1 March 2017[1] is the latest round in a long-running saga between the Nigerian National Petroleum Corporation (NNPC) and IPCO Nigeria Ltd (IPCO), related to the…
On 9 December 2016, the Nanjing Intermediate People’s Court (“Jiangsu Court”) handed down a decision recognizing and enforcing…
Hong Kong courts have a discretion to enforce foreign awards under the New York Convention (“NYC”) even though…
This article was first published in the China Business Law Journal, October 2016, Volume 7 / Issue 9. The Deputy Head of the Supreme People’s Court (SPC) Fourth Civil Division, Liu Jingdong, recently revealed that the SPC is considering applying the reporting system for the enforcement of international arbitration awards to domestic arbitration awards. If implemented, this move will unify the standards for judicial review of domestic awards and help reduce incorrect lower court decisions…
The Federal Arbitration Act (FAA) reflects U.S. Congressional approval of the finality of arbitration. Indeed, the FAA and…
The United Arab Emirates (“UAE”) has experienced decades of economic growth and has emerged as a leading regional…
Lord Thomas: Rebalancing the relationship between the courts and arbitration Lord Thomas’s Bailii Lecture on 9 March 2016 has been the subject of much comment, and controversy, in London’s arbitration community. The speech is an eloquent and articulate analysis of how the Lord Chief Justice of England and Wales considers arbitration has affected litigation. Concluding with the view that the Arbitration Act 1979 and 1996 went “too far” in supporting arbitration as a means of…