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Enforcement and Set-Aside

UAE takes baby steps over enforcement

UAE takes baby steps over enforcement

Premium article - 01 December 2010

Enforcement of foreign arbitral awards under the New York Convention has become a reality in the United Arab Emirates, thanks to the Fujairah Court of First Instance – but practitioners warn against celebrating too soon.

Russian award set aside after arbitrator's death

Russian award set aside after arbitrator's death

Premium article - 28 July 2010

Russia's top commercial court has set aside an arbitral award that was issued two months after a member of the tribunal had died - in apparent disregard of MKAS rules that say the other arbitrators can continue with a case in such circumstances.

Singapore court annuls award on public policy grounds

Singapore court annuls award on public policy grounds

Premium article - 19 July 2010

A Singapore court has annulled a SIAC arbitral award upholding the legality of an agreement to drop criminal proceedings relating to forgery in Thailand.

US court refuses to set aside Argentina awards

US court refuses to set aside Argentina awards

Premium article - 11 June 2010

A district court in Washington, DC, has denied Argentina's request to set aside two UNCITRAL awards in favour of UK energy companies BG Group and National Grid, both arising from emergency measures during the country's 2002 debt crisis.

DRC permitted to appeal on sovereign immunity

Premium article - 26 May 2010

The Democratic Republic of the Congo has been granted leave to appeal a Hong Kong court ruling that sovereign immunity cannot protect it from having to pay two ICC awards.

Swedish Court overturns Russian award for lack of notice

Swedish Court overturns Russian award for lack of notice

Premium article - 10 May 2010

The Swedish Supreme Court has refused to enforce an award in favour of a Russian company on the grounds that the respondent was not given proper notice of the arbitration.

French court partially set aside ICC award for violating due process

Premium article - 17 February 2010

An ICC award rendered by well-known arbitrators has been partially revoked in Paris after the court found that the panel made its decision based on the Austrian legal principle of Geschäftsgrundlage, a concept not invoked by either party.

Chinese court enforces mainland ICC award

Premium article - 14 October 2009

In a welcome break with past practice that may, even so, prove short-lived a Chinese court has agreed to enforce an award from an ICC arbitration heard on the mainland.

US court overturns ex aequo et bono award as "irrational"

Premium article - 23 September 2009

Three arbitrators hearing a reinsurance dispute have seen their award overturned as irrational, even though the reinsurance agreement contained an “honourable engagement” clause, the US version of ex aequo et bono arbitration.

Swiss court partially annuls ICC award

Premium article - 22 April 2009

A new ruling of the Swiss Supreme Court offers an avenue to those frustrated with ICC practice regarding joinder of non-signatories.