When the English Arbitration Bill was being debated in early 1996, a controversial issue considered was whether to retain a right of appeal on a point of law. Contrary to a number of civil code…
The recent Court of Appeal of England and Wales (“the Court”) judgment in the case of The London Steamship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and The French State [2015]…
The Main Approaches Regarding Enforcement of Annulled Foreign Awards
The ongoing issue of whether an award that was set aside in the country of origin should be enforced has recently arisen in…
An often cited advantage of arbitration, as opposed to litigation, is the finality of the process. The grounds for time-consuming and costly challenges and appeals are limited.
Under the English 1996…
The success of international commercial arbitration as a form of alternative dispute resolution much depends on the extent to which parties may vindicate their rights through the enforcement of any…
In the recent case of OMV Petrom SA v Glencore International AG [2014] EWHC 242 (Comm) (07 February 2014) (“Petrom v Glencore”), the English Commercial Court was faced with the question of whether…
I. General Aspects of Enforceability
English Worldwide Freezing Order (“WFO”) being called by Matthias Scherer and Simone Nadelhofer one of the “nuclear weapons” of commercial litigation and…
The potential intervention of Indian courts over foreign seated arbitrations is a hot topic in international arbitration. On 28 May 2014, the Supreme Court of India ("SCI") heated up the debate by…
Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that international arbitration, which is by nature a private and…
