Topic: Due process

A mining executive and his son who alleged they were coerced at knifepoint into settling a joint venture dispute while suffering from mental illness have lost their challenge to a US$12 million SIAC award in Singapore.

29 July 2022

Singapore’s Court of Appeal has partially set aside a €62 million ICC award over a Malaysian steel plant after finding that a tribunal chaired by Michael Moser breached due process by adopting a “flexible approach” to proof of damage.

26 July 2022

Russia has failed to disqualify a tribunal hearing a Crimea-related treaty claim that refused to grant a six-month stay after the state’s counsel resigned, despite its argument that no new “reputable or experienced” representatives were immediately available.

22 July 2022

The UK Privy Council has upheld the enforcement of a Brazilian airline’s US$55 million ICC award in the Cayman Islands even though the arbitrators decided the case on the basis of a legal concept not pleaded by the parties.

19 May 2022

As London International Disputes Week kicked off today, a panel considered the impact of the war in Ukraine on international arbitration – including how to manage apparent bias, logistical issues and whether London can remain a hub for disputes in the region.

09 May 2022

At a keynote at GAR Live Abu Dhabi today, Gary Born warned of courts applying an “ill-informed and counterproductive” level of scrutiny to innovative arbitral mechanisms that promote the speedy resolution of disputes.

09 February 2022

An insolvent Hong Kong energy company has lost its bid to revive a US$340 million UNCITRAL claim against a Chinese state-owned entity relating to a gas field in the East China Sea.

07 January 2022

A Colombian energy distributor has launched a second ICSID claim against Guatemala over a project to upgrade the country’s electrical grid.

10 December 2021

An English court has upheld a US$19 million ICC award relating to a Chinese mining project in the Democratic Republic of the Congo, rejecting arguments that the case should have been adjourned when a counsel took ill with covid-19 and that the tribunal erred by awarding the victor its third-party funding costs.

08 December 2021

The Singapore Court of Appeal has affirmed a decision to partially set aside an ICC award over a polysilicon plant because the tribunal upheld a “completely new” defence that was only introduced in closing submissions.

12 November 2021