1. I have written elsewhere about the uncertainty that the Portuguese courts have experienced in defining the "international public policy" of the Portuguese State and, more specifically, in finding…
On April 28, 2017, the Court of Appeals for the District of Columbia Circuit (in a majority decision) affirmed the district court's decision to set aside an award issued by a sole arbitrator finding…
It is well known that Greek public finances have been in a precarious state since the country’s debt crisis erupted in 2010. In an environment of tough fiscal consolidation, compensation awards…
An arbitration-friendly decision was rendered by the 11th Civil Chamber of the Turkish Court of Appeals (“Court of Appeals”) on 22 June 2016 [File no. 2016/4931, Decision no. 2016/6886]. The decision…
The decisive underlying reasoning (motifs, Begründung) is, without doubt, an essential part of any arbitral award and as such bears the potential of frustrating parties and arbitrators alike. On the…
The Ukrainian "saga" on the enforcement of the SCC emergency arbitrator’s award continues – the case is pending the second round of cassation review.
The arbitration proceedings were initiated by the…
Two recent decisions (nos. 14/2015 and 176/2015) delivered by the Greek Supreme Court analyze the issue of annulling arbitral decisions on public policy grounds. Since arbitration is particularly…
In a recent enforcement action of a foreign arbitral award rendered under the ICC Rules in London, England, the Dubai Court of Appeal questioned the United Kingdom’s proper membership of the 1958 New…
Public policy remains one of the most popular grounds used by the parties to oppose the recognition and enforcement of an arbitral award. Its vague content also makes its application in court greatly…
