Enforcing Arbitral Awards Against State Entities: Public Policy and International Comity
Could alleged irregularities in a foreign arbitration justify refusing enforcement under Article V(2)(b) of the New York Convention and section 103(3) of the Arbitration Act 1996? Should English courts revisit the merits of an arbitral award already upheld by the courts at the seat ? Did the public policy exception extend to cases involving state-controlled companies?
Recognition and Enforcement of Investment Arbitration Awards in Ukraine
The Court of Appeal partially recognised and enforced the UNCITRAL award, allowed recovery of compensation from Ukraine and confirmed Ukraine’s obligation to ensure free transfer of dividends.
Which Law Governs the Arbitration Agreement?
When parties have not expressly chosen the governing law of the arbitration agreement, should the law of the main contract or the law of the seat of arbitration apply?
Anti-Suit Injunctions and the Governing Law of Arbitration Agreements
Whether the arbitration clause in the English-law-governed bonds was itself governed by English law or by the law of the seat of arbitration (French law)? Whether the English courts could properly grant an anti-suit injunction to restrain proceedings in Russia, despite the arbitration having a foreign seat (Paris)
Limits of Court Assistance in Arbitration: No Jurisdiction Over Non-Parties Abroad
Does the English court have jurisdiction under section 44 to make an order for evidence or document preservation against non-parties to an arbitration agreement? If not, can the claim form nevertheless be served out of the jurisdiction on those non-parties under CPR r 62.5(1)(b)?
When Confidentiality Meets Public Interest in Arbitration
Should the High Court judgment about a private arbitration be made public, or should it remain confidential?
Challenging an Arbitration Award: When “Serious Irregularity” Isn’t Enough
Did the arbitrator commit a “serious irregularity” under section 68 of the Arbitration Act 1996 by failing to consider crucial evidence, and if so, should the award be set aside?
Arbitration vs. Court Proceedings: When Anti-Suit Injunctions Come Under Scrutiny
Can a court in one Member State grant an anti-suit injunction to restrain proceedings in another Member State’s court when there is an arbitration agreement?
The Principle of Separability and the Modern Approach to Arbitration Clauses
Did the arbitration clause cover disputes over whether the contract was procured by fraud or bribery? Could the arbitration clause itself be rescinded along with the main contract, or was it a separate agreement under section 7 of the Arbitration Act 1996?