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Tag: public policy

Showing 12 out of 27 results

25 March 2024

Hong Kong court upholds award challenge for lack of reasons

The Hong Kong Court of First Instance has refused to enforce an AAA-ICDR award because the arbitrator failed to give reasons for her decisions on key …

19 March 2024

Hong Kong court provides guidance on award challenges for failure to deal with an essential issue

The Hong Kong Court of First Instance has provided further clarity on when awards can be set aside for failure to deal with an essential issue, …

15 January 2024

HONG KONG COURT REMITS AWARDS TO ARBITRATOR FOLLOWING CHANGE IN LAW OF ILLEGALITY DEFENCE

The Hong Kong Court of First Instance (“CFI”) has suspended set-aside proceedings in respect of two HKIAC awards on liability and quantum and remitted …

23 October 2023

HONG KONG COURT REJECTS AWARD CHALLENGE OVER LAW FIRM SUCCESS FEE

The Hong Kong Court of First Instance has dismissed a challenge to the enforcement of a US$50 million arbitral award rendered in Chicago in favour of a …

07 August 2023

English Commercial Court rejects consumer's public policy challenge to arbitration award due to insufficiently "close connection" of the contract to UK

In Eternity Sky Investments Ltd v Mrs Xiaomin Zhang [2023] EWHC 1964 (Comm), the English Commercial Court has rejected a challenge to an arbitration …

17 July 2023

English Commercial Court takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case

The English Commercial Court has refused to enforce a foreign-seated arbitration award on the grounds that to do so would be contrary to public policy. …

01 February 2023

AUSTRALIAN FEDERAL COURT REAFFIRMS HIGH THRESHOLD FOR REFUSING ENFORCEMENT OF AWARD ON PUBLIC POLICY GROUNDS

In a recent application to enforce an arbitral award, the Federal Court of Australia rejected the award debtor’s arguments that it would be contrary to …

03 January 2023

NEW SOUTH WALES SUPREME COURT SETS ASIDE ARBITRATION AWARD TO PROTECT THE INTEGRITY OF THE ARBITRATION PROCESS

INTRODUCTION AND TAKEAWAY In a recent decision, the Supreme Court of New South Wales set aside an arbitral award on the basis that the arbitrator had …

08 August 2022

Hong Kong Court Clarifies Threshold for Setting Aside Awards

30 June 2021

PRIVY COUNCIL CONSIDERS EXTENT OF SUPERVISORY COURT'S POWER TO SET ASIDE ARBITRAL AWARDS ON GROUNDS OF PUBLIC POLICY

30 April 2021

INDIAN SUPREME COURT ALLOWS INDIAN PARTIES TO CHOOSE A FOREIGN SEAT OF ARBITRATION

03 November 2020

Of joy and woe: Australian decision confirms the limits of the ‘reasonable opportunity’ entitlement