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Tag Archives: New York Convention

PRC Court refuses to enforce SIAC arbitral award made by one arbitrator under expedited arbitration procedures when arbitration agreement provided for three arbitrators

In Noble Resources International Pte. Ltd v. Shanghai Good Credit International Trade Co., Ltd. (2016) Hu 01 Xie Wai Ren No. 1, the Shanghai No.1 Intermediate People’s Court in a judgment dated 11 August 2017 refused recognition and enforcement of a Singapore International Arbitration Centre (“SIAC“) arbitral award under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention“) on the basis that the composition of the arbitral tribunal and/or the arbitral procedure was not in accordance with the agreement of the parties.

Further confirmation of the pro-arbitration stance of the Hong Kong courts

A Hong Kong court has refused to grant an application to set aside its own order granting leave to enforce an arbitral award, thereby reinforcing the arbitration-friendly approach of Hong Kong courts and clarifying the restricted scope of the courts’ review of an arbitral award rendered in a Member State of the New York Convention. In the original arbitral proceedings, an arbitral tribunal seated in Kuala Lumpur, Malaysia, had ordered C, the respondent in arbitration, to pay T, the claimant, a sum as damages for breach of contract.  C had

New Singapore International Mediation Centre and SIAC to offer “arbitration/mediation/arbitration” procedure

The Singapore International Mediation Centre (SIMC), was launched on 5 November 2014.  The SIMC and the Singapore International Arbitration Centre (SIAC) will jointly offer an innovative new “arbitration/mediation/arbitration” procedure (the SIAC-SIMC Arb/Med/Arb Protocol). Under the SIAC-SIMC Arb/Med/Arb Protocol, disputes are referred to arbitration at the SIAC, but after the respondent files its Response to the Notice of Arbitration, the arbitration will be stayed for a period of eight weeks and referred to mediation with a separate mediator appointed from the SIMC’s panel.  Should the mediation result in a settlement, the

Boost for international arbitration and respect for the arbitral process in South Africa

In a recent SCA judgment the principle that parties consenting to arbitration should have their dispute heard in arbitration and that the courts should refrain from interfering in same was reaffirmed. In the matter of Zhongji Development Construction Engineering Company Limited vs Kamoto Copper Company SARL (2014) JOL 32421 (SCA), it was stated that our courts need to respect the arbitral process in order to encourage more litigants to conduct international arbitrations in South Africa as this would encourage increased economic activity on our shores.  This is also an imperative,

Myanmar: Draft Arbitration Bill

A version of this article was originally published by Practical Law Arbitration http://uk.practicallaw.com/country/arbitration. On 25 May 2014, the Myanmar Parliament published a draft Arbitration Bill. This follows less than one year after Myanmar acceded to the New York Convention in July 2013 (see Legal update, Myanmar accedes to New York Convention). The publication of the Arbitration Bill marks a further milestone for Myanmar in its commitment to the development of its arbitration regime. The Arbitration Bill is divided into two parts, the first dealing with arbitration in Myanmar and the

English High Court refuses to enforce award against Czech Republic on grounds of issue estoppel

The English Commercial Court has refused to enforce a £275 million New York Convention award against the Czech Republic in favour of the Lichtenstein company Diag Human on the basis that an earlier judgment of the Austrian Supreme Court created an issue estoppel or, alternatively, that the award was not “binding” under s.103(2)(f) of the Arbitration Act 1996.  This is a landmark decision as it is believed to be the first time that issue estoppel has been successfully argued as a ground for refusing enforcement of a New York Convention

Qatar Court of Cassation clarifies grounds for setting aside an arbitral award

The decision of Qatar’s Court of Cassation to overturn a widely criticized lower court decision to set aside an arbitral award has been widely welcomed. Currently, Qatar does not have a distinct arbitration law. The Qatari Civil and Commercial Code of Procedure (Law No 13 of 1990) includes a section that governs arbitration (the Articles). The Articles have been widely criticised and Qatar recognizes the need to update them. A draft arbitration law, based on the UNCITRAL Model Law, is currently being prepared in Qatar. The main criticism of the

Dubai’s DIFC Court aligns arbitration laws with the New York Convention

On 15 December 2013, the Dubai International Financial Centre (DIFC) amended its arbitration law to bring it into line with the New York Convention. Sheikh Mohammed bin Rashid Al Maktoum, Ruler of Dubai, Vice President and Prime Minister of the UAE, signed an amendment to the DIFC’s 2008 Arbitration Law granting the DIFC Courts the power to stay proceedings in favour of arbitrations seated outside of the DIFC, bringing clarity to an area of uncertainty between DIFC law and the New York Convention. The DIFC is an onshore financial free

Myanmar Accedes to the New York Convention

We previously wrote that in March the Union Assembly of Myanmar approved a resolution in support of the country’s accession to the New York Convention. At the time, no deadline had been set for this process (which is effected by depositing an instrument of accession with the Secretary General of the United Nations). Perhaps sooner than expected, on 16 April 2013 Myanmar formally acceded to the New York Convention – according to a depositary notification issued by the Secretary General on 24 April 2013. With this announcement, Myanmar becomes the

Arbitrating in Africa: Enforcement Regimes for Arbitral Awards

It is widely accepted that the ease of enforcement of foreign arbitral awards is one of the key components of a strong arbitration regime. Whilst Africa is an incredibly diverse continent, with different legal systems in each country, the enforcement regimes for arbitral awards for the majority of countries across Sub-Saharan Africa fall broadly within three categories: States that are party to the New York Convention. States that are party to the OHADA regime. States that are neither party to the New York Convention nor the OHADA regime. The New

Myanmar: The Road to the New York Convention

In truth, a trip to Myanmar is time travel. The streets of Yangon are essentially the same as when Britain hauled down the Union Jack at the astrologically chosen time of 4:20 am on 4 January 1948.  Fine old colonial buildings stand side by side next to enormous banyan trees standing as silent sentinels of the British interlude in the Ayeyarwady delta.  Electricity sockets and door locks in the hotels are all of the same vintage as Clement Atlee, petrol rationing, and the NHS. And so are Myanmar’s laws on