The English High Court has confirmed in Daewoo Shipbuilding & Marine Engineering Company Ltd v Songa Offshore Equinox Ltd & Anor [2018] EWHC 538 (Comm) that the 28 day time limit for challenging or appealing an arbitral award under the English Arbitration Act 1996 (the “Act”) commences on the date the award is made and is not necessarily deferred pending any application to the tribunal to correct the award. This follows an earlier case confirming…
In a decision dated September 7, 2018 (case no. 5A_942/2017, selected for publication), the Swiss Federal Supreme Court issued…
In August 2018, the Beijing Arbitration Commission (“BAC”) closed its first arbitration case involving emergency arbitration procedures in…
Hardy Exploration & Prod. (India), Inc. v. Gov’t of India, Ministry of Petroleum & Natural Gas, Civil Action No. 16-140 (D.D.C. June 7, 2018) [click for opinion] In 1997, Hardy Exploration & Production (India), Inc. (“HEPI”) entered into a contract with the Government of India (“India”) that would allow HEPI to search for and potentially extract hydrocarbons from an area off of India’s southeastern coast (the “Block”). The contract provided that if HEPI found crude…
KT Corp. v. ABS Holdings, LTD., No. 1:17-cv-07859 (S.D.N.Y. Apr. 10, 2018) [click for opinion] KT Corp. (“KT”),…
This article discusses the decision of the Hong Kong Court of Final Appeal (“CFA”) in Astro v First…
Voltage Pictures, LLC v. Gulf Film, LLC, LACV 18-00696-VAP (C.D. Cal. Apr. 17, 2018) [click for opinion] Between 2013 and 2015, Voltage Pictures and Gulf Film entered into eleven distribution license agreements concerning the distribution of eleven motion pictures in certain countries in the Middle East (the “Distribution Agreements”). The Distribution Agreements called for all disputes to be resolved by binding arbitration under the Independent Film & Television Alliance (“IFTA”) International Arbitration Rules. A dispute…
Certain Underwriting Members of Lloyds of London v. Insurance Company of the Americas, No. 17-1137-cv (2d Cir. June…
The case of Agile Holdings Corp v Essar Shipping Ltd[1] clarifies the circumstances in which the court can…
The rejection of SCM Financial Overseas Ltd’s (“SCM”) challenge to an US$ 860 million award in favour of Raga Establishment Ltd (“Raga”) on the grounds of serious irregularity under section 68 of the Arbitration Act 1996 (“AA 1996”) reinforces the difficulty of challenging the outcome of arbitral proceedings. In the Commercial Court, Mr Justice Males has dismissed SCM’s challenge, in which SCM alleged that the arbitrators neglected their duty of fairness under section 33 AA…