Topic: Due process

Golf club investors avoid Shenzhen award in Canada

A Canadian court has refused to enforce a US$90 million award rendered in Shenzhen against a golf club impresario and his wife after finding they were not given proper notice of the arbitration during the covid-19 pandemic.

14 April 2023

Oil trader wins ECT award against Poland

A Cyprus-registered oil trader has won US$47.6 million in an Energy Charter Treaty claim over Poland’s refusal to comply with decisions by its own courts ordering the state to pay interest on a repaid fine.

07 March 2023

Counsel resign ahead of hearing in Iranian gas dispute

The final hearing of a US$32 billion case against Iran's state-run oil company has been postponed less two than two weeks before it was due to begin, after Wolfgang Peter and his team at Peter & Kim resigned over an alleged due process failure and co-counsel from Eversheds Sutherland followed suit.

06 March 2023

Mourre calls for universal standard of disclosure

Former ICC Court president Alexis Mourre used a keynote speech at GAR Live Abu Dhabi to call for a single, universal standard for arbitrator disclosure based on objective and subjective perspectives.

20 February 2023

Malaysian state entity defeats bid to revive SIAC claim

UPDATED: A Singapore court has upheld a SIAC award favouring Malaysia’s state-owned telecoms company in a US$35 million dispute with a provider of set-top boxes for internet protocol television, finding no evidence the arbitrator failed to keep an open mind.

07 February 2023

Repsol fails to overturn Sinopec awards in Singapore

A Singapore court has upheld a pair of SIAC awards that found Repsol liable for fraud in a US$5 billion dispute with China’s Sinopec, while refusing to disqualify the presiding arbitrator over his role on a Chinese court-appointed expert panel.

02 February 2023

Russia wins appeal over Dutch representation

A Dutch court has ruled that the dean of the Hague Bar was wrong to refuse to appoint replacement legal representation for Russia in various set-aside proceedings after the state’s original counsel resigned following the outbreak of war in Ukraine.

21 September 2022

SIAC award survives coercion allegations

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

Moser award set aside over “flexible approach” to damages

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 loses challenge over lack of “reputable” counsel

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

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