Topic: Due process

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

Privy Council upholds Cayman enforcement decision

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

“All you need is a laptop” – arbitrating during wartime

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

Born criticises excessive court scrutiny of arbitral innovations

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

Chinese gas field award upheld in Singapore

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

Colombian group brings second claim against Guatemala

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

DRC mine award upheld despite counsel’s illness

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

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