Annulment

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On October 18, 2024, the Santiago Court of Appeals rejected a petition seeking the annulment of an international arbitration award, once again providing strong arguments in favor of the validity of…

On 2 May 2024, the Paris Court of Appeal set aside an ICC award rendered on 1 September 2016 in Paris due to the existence of facts likely to cause, in the minds of the parties, a reasonable doubt as…

Although often seen as theoretical, the recognition and enforcement of annulled arbitral awards remain a fascinating issue in international arbitration. As the text of the New York Convention (“NYC”)…

On 11 April 2024, the Ontario Superior Court of Justice (“Court”) issued its decision in Ballantry Construction Management Inc. v GR (CAN) Investment Co. Ltd., arising from an application to enforce…

On 12 March 2024, Judge Ana C. Reyes, presiding over the District of Columbia ("D.C.") Circuit, issued a decision on the petition to set aside filed by the Municipalidad de Lima concerning two…

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC”) rendered decision 4A_486/2023, upholding the unpublished Final Award in Clorox Spain S.L. v. Bolivarian Republic of Venezuela (“Clorox v…

On January 23, 2024, the Paris Court of Appeal (“CoA”) dismissed an action for annulment of an arbitral award on public policy grounds, namely a violation of EU competition law.  The ruling casts…

Spanish regional High Courts of Justice (Tribunales Superiores de Justicia) have heard applications to annul awards since the 2011 amendment to the Spanish Arbitration Law ("SAL"). The most active…

This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. Whereas Part 1 addressed the courts’ approaches to arbitrator independence and impartiality and the…