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Enforcement and Set-Aside

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.

UK court enforces payment from Chad account

Premium article - 30 July 2008

A UK court has enforced an ICC award against Chad, requiring money to be taken from an account holding World Bank loan repayments.

Ann Summers panel confirms arbitrators' wide powers

Premium article - 30 June 2008

A Frenchwoman has had an arbitral award against the Ann Summers chain of sex shops reinstated in a dispute about a US franchise agreement.

Swedish Supreme Court overturns award

Premium article - 27 November 2007

The Swedish Supreme Court has set aside an arbitral award because the chairman failed to disclose a possible conflict of interest.