Topic: Due process

No duty of counsel to correct other side's “misunderstanding”

The Singapore High Court has refused to set aside a SIAC award because of a lawyer’s failure to correct opposing counsel’s alleged misunderstanding of the issues in play – holding that “counsel are responsible for arguing their own case, not for ensuring that the other side meets their case.”

05 May 2021

Lebanese broadcaster’s award upheld in Paris

The Paris Court of Appeal has upheld an ICC award requiring a Saudi prince’s media group to pay US$22 million to a Lebanese television station.

16 March 2021

Statis suffer setback in Luxembourg

The Supreme Court of Luxembourg has overturned the enforcement of a US$543 million Energy Charter Treaty award won by Moldovan investors Anatolie and Gabriel Stati against Kazakhstan, ruling that a lower court had violated due process when it refused to admit evidence of the state's fresh fraud allegations.

16 February 2021

Silicon plant owner wins partial set-aside in Singapore

A Singapore court has ruled that the owner of a polysilicon plant was denied a fair chance to respond to a “completely new defence” to an ICC claim for delay damages, which led to a US$15 million reduction in the amount it was awarded.

09 February 2021

Russian bank loses Ukrainian appeal over emergency award

Ukraine’s Supreme Court has affirmed that an SCC emergency arbitrator award restraining the forcible sale of assets of a Russian state-owned bank cannot be enforced.

27 January 2021

IBA evidence rules set for revision

The International Bar Association’s arbitration committee has unveiled its proposed revisions to the rules on the taking of evidence – as well as its new line up of officers for 2021.

20 November 2020

Due process challenge to ICC award rejected in Singapore

Singapore’s Court of Appeal has dismissed a Chinese energy company’s bid to set aside a US$149 million ICC award based on alleged cumulative failures of due process, after it failed to raise those concerns during the arbitration.

12 March 2020

Guatemalan power plant award upheld in Singapore

A Singapore court has upheld a US$149 million ICC award in a dispute over a power plant in Guatemala – rejecting arguments that the tribunal unfairly restricted one side’s access to evidence and failed in a duty to investigate corruption allegations.

27 April 2018

Paranoia about paranoia? GAR Live Atlanta looks at due process

A panel at GAR Live Atlanta discussed “due process paranoia” – asking whether it is a real problem or there is just “paranoia about paranoia” and, if it does exist, whether it is guided by genuine concern about awards being challenged or by arbitrators’ economic interests.

27 March 2018

Second leading arbitrator highlights due process threat

Following in the footsteps of Lucy Reed in her Freshfields lecture, Bernardo Cremades used the Chartered Institute of Arbitrators’ Alexander Lecture last night to highlight the abuse of due process in international arbitration – saying that it has become “a real threat” to tribunals.

17 November 2016

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