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Arbitration & ADR

15 October 2020
William Jones Court of Appeal enforces foreign arbitral award in favour of Brazilian airline

Cayman Islands - Ogier

The Court of Appeal has overturned an earlier decision of the Grand Court, thereby allowing the enforcement of an International Chamber of Commerce arbitral award issued in favour of a Brazilian airline. The decision raises important and difficult issues relating to the enforcement of foreign arbitral awards which are the subject of robust challenge before the courts of supervisory jurisdiction.

Authors: William Jones, Marc Kish, Anna Snead
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Ajay Bhargava Costs regime under Arbitration and Conciliation Act

India - Khaitan & Co

Arbitration evolved as an expeditious, cost-effective, simple and fair alternative to litigation. However, over time, it became costly. Coupled with largely ineffective provisions regarding costs allocation and recoverability, this was considered a roadblock to the development of arbitration in India. Section 31A of the Arbitration and Conciliation Act, which was introduced in 2015, was thus a welcome step towards costs recoverability being based on rational and realistic criteria.

Authors: Ajay Bhargava, Arvind Kumar Ray, Vansha Sethi Suneja
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Maciej Durbas Arbitral award vacated for violation of EU competition law

Poland - Kubas Kos Gałkowski

The issue of arbitral tribunals' application of EU law is not new. In the 1990s the European Court of Justice (ECJ) established that a national court which receives an application to annul an arbitration award must grant such application if it considers that the award in question is contrary to EU law. In recent years, this issue was revived in investment arbitration and the ECJ's famous (or for many, infamous) Achmea judgment. A landmark decision of the Warsaw Court of Appeals is yet another chapter in this story.

Authors: Maciej Durbas, Rafał Kos
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Recent updates

Nand Gopal Khaitan Judicial interference in arbitration: Section 34 saga

India - Khaitan & Co

Authors: Nand Gopal Khaitan, Shounak Mitra, Rishav Dutt
Nikolaus Pitkowitz Supreme Court specifies reasoning standards for awards

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

Author: Nikolaus Pitkowitz
Nayla Comair Obeid Arbitration in Lebanon: overview

Lebanon - Obeid Law Firm

Author: Nayla Comair Obeid
C Mark Baker Climate change and sustainability: lessons learned from COVID-19 and resolving disputes by arbitration

International - Norton Rose Fulbright

Authors: C Mark Baker, Kevin O'Gorman, Cara Dowling
Marie Berard High Court upholds stay of winding-up petition where debt was subject to arbitration agreement

United Kingdom - Clifford Chance

Authors: Marie Berard, Jonathon Caunt