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Recognition & Enforcement

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In Arbitration Procedure

US Court holds that service providing actual notice of arbitration-related court proceeding is sufficient under the FAA

by 3 Mins Read

TVL Int’l, LLC v. Zheijiang Shenghui Lighting Co., No. 3:19-CV-00393-RJC-DCK (W.D.N.C. Feb. 2, 2021) [click for opinion] In 2014, Plaintiff TVL International, LLC (“TVL”), a Delaware corporation, and Defendants Zheijiang Shenghui Lighting Co., Ltd. (“Zheijiang”), a Chinese LED light bulb manufacturer, and SengLED USA, Inc. (“SengLED”), Zheijiang’s U.S. subsidiary, executed a non-disclosure agreement relating to their efforts to jointly develop a “battery back-up LED light bulb”. By 2015, the parties had stopped working together and eventually…

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In Europe

EU law, Polish public policy? Polish court’s views on taking into account EU laws on state aid in setting aside proceedings

by 11 Mins Read

The Appellate Court in Warsaw recently [Case No. I ACa 457/18[1]] considered whether the EU state aid regulations form part of the Polish public policy, when considering an application to set aside an arbitral award. The Court decided that EU competition law has to be taken into account when considering the issue of breach of public policy by an arbitral award. Background facts The Claimant – a joint-stock SPV – and the Respondent – the…

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In England and Wales

Carpatsky Petroleum Corporation v PJSC Ukrnafta: issue estoppel and abuse of process in arbitration enforcement proceedings

by 10 Mins Read

The Carpatsky[1] case is interesting for a number of reasons as it: The case demonstrates that parties seeking to contest enforcement of an award are presented with what some commentators have called a ‘double-edged sword’. On the one hand, if they bring all their arguments before the curial court and lose, an issue estoppel may arise which prevents them from relying on the same points before the English court at the enforcement stage. On the…

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In Asia-Pacific

Australian court enforces ICSID awards against Spain

by and 5 Mins Read

The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in Eiser Infrastructure Ltd v Kingdom of Spain.[1] The FCA rejected Spain’s argument that it was immune from the jurisdiction of the Australian courts (asserted pursuant to sections 9 and 10(7) of the Foreign States Immunities Act 1985 (Cth) (Immunities Act)). The investors (Investors) involved in two ICSID arbitrations applied under s35(4) of the International Arbitration Act 1974…

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