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…
After a long wait, the South African International Arbitration Act No. 15 of 2017 sailed through the legislature…
According to the Polish Supreme Court – very far, as it allowed an arbitral award to modify the…
A recent legal framework in the Argentine Republic allows for domestic or international arbitration and dispute boards for public-private partnerships, and is expected to increase its use in such type of projects, especially for infrastructure. On November 30, 2016, Law no. 27.328 (“Law”) on Public-Private Partnership Contracts (“PPP Contracts”) was published in the Official Gazette. The Law now broadly allows for PPP Contracts between the National Government and private parties to agree for domestic or…
As a condition of employment, employers often require their employees to sign arbitration agreements requiring that all employment…
In 1999, Enron Nigeria Power Holding, Ltd (“ENPH”) entered into a power purchase agreement (“PPA”) with Nigeria, Lagos…
The S.D.N.Y. denied a motion to quash a subpoena and vacate a related discovery order based in part on its conclusion that an arbitration tribunal of the London Maritime Association meets the definition of a foreign tribunal under 28 U.S.C. § 1782. Plaintiff Kleimar N.V. and Defendant Dalian Dongzhan Group Co. Ltd. were engaged in a series of arbitrations in London before the London Maritime Arbitration Association. The court granted Kleimar’s ex parte application to seek…
A U.S. District Court rejected Argentina’s attempt to vacate a USD 21 million international arbitration award in a…
Recently, both the German legislator and the German Institution of Arbitration tasked working groups with a reform of…
In Nelson v. Watch House Int’l, L.L.C., No. 15-10531 (5th Cir. Mar. 2, 2016), the Fifth Circuit found an employee handbook’s arbitration agreement illusory and unenforceable where the employer retained a unilateral right to terminate the arbitration agreement without advance notice to employees. On the first day of Michael Nelson’s employment with Watch House International, L.L.C. (“Watch House”), he received a copy of the employee handbook, which contained Watch House’s Arbitration Plan. The Arbitration Plan broadly provided for mandatory…