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Arbitration & ADR

02 July 2020
Atul Shanker Mathur Enforcement of foreign arbitral awards and scope of judicial intervention: a minimalist approach

India - Khaitan & Co

The enforcement of a foreign arbitral award in India is founded on the fundamental principle of minimal judicial intervention in order to further India's pro-arbitration and consequently pro-foreign investment climate. However, the Delhi High Court recently refused to enforce a foreign arbitral award under the Arbitration and Conciliation Act. This article analyses the court's decision, its reasons for refusing the enforcement of the award and whether this judgment is a step back for Indian arbitration law.

Authors: Atul Shanker Mathur, Priya Singh, Vivek Mathur
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Frank Spoorenberg First annulment of investment arbitration award by Supreme Court

Switzerland - Tavernier Tschanz

In a recently published decision, the Supreme Court – for the first time – partially annulled an arbitral award issued in an investment arbitration. A Geneva-based arbitral tribunal, which was constituted under the United Nations Commission on International Trade Law Arbitration Rules, had wrongly declined jurisdiction to decide an investment treaty claim brought by Clorox España SL against Venezuela.

Authors: Frank Spoorenberg, Daniela Franchini
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Marie Berard High Court rejects challenge to enforcement where defences were already raised before foreign court

United Kingdom - Clifford Chance

The High Court recently dismissed a challenge to a previous decision to grant permission to enforce a Stockholm Chamber of Commerce award on the basis that contrary to the defendant's contention, there was a valid arbitration agreement between the parties and the defendant's arguments as to procedural irregularity had previously been raised in Swedish court proceedings, thereby giving rise to an issue estoppel.

Authors: Marie Berard, Christina Cathey Schuetz
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Recent updates

Manavendra Mishra Foreign arbitral award allows exit based on put option? "No worries" says Bombay High Court

India - Khaitan & Co

Authors: Manavendra Mishra, Rajeswari Mukherjee
Raúl Herrera Hazas Positive aspects of arbitration during COVID-19 crisis

Mexico - Becerril Coca & Becerril SC

Author: Raúl Herrera Hazas
Pelin Baysal Unbreakable deadlock in consumer disputes: mandatory mediation and solution proposals

Turkey - Gün + Partners

Authors: Pelin Baysal, Muzaffer Atar
Matthew Kirtland New York Convention does not prohibit enforcement by non-signatory under doctrine of equitable estoppel

USA - Norton Rose Fulbright

Authors: Matthew Kirtland, Ernesto Hernández
Marie Berard Court of Appeal clarifies principles for determining law of arbitration agreement

United Kingdom - Clifford Chance

Authors: Marie Berard, Eraldo d'Atri
Constantinos Pashiardis Application and interpretation of Article IV of New York Convention

Cyprus - George Z Georgiou & Associates LLC

Author: Constantinos Pashiardis

Upcoming event

GAR Live Singapore

1 September 2020 – Singapore

Returning for its sixth year, GAR Live Singapore will bring together leading arbitrators, representatives of institutions, expert witnesses and founders to address emerging developments in Singapore and beyond. Attendees will hear specific techniques and approaches for successfully mediating within investor-state arbitration, determine whether Singapore should be looking to innovate governing law, gain insight into cross-border award enforcement and join the GAR Live debate to decide whether Singapore International Arbitration Centre rules should provide parties with the opportunity to appeal on a point of law.

For more details please visit: