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Tag Archives: challenge

French Supreme Court confirms binding nature of time limits applicable to challenges to arbitrators under the arbitration rules chosen by the parties

Abstract: The French Supreme Court recently rendered a highly anticipated decision in Tecnimont v. Avax, a case which had been the subject of proceedings before French Courts for more than six years. The Supreme Court held that a party who, with knowledge of the relevant facts, refrains in arbitration proceedings from exercising its right to challenge an arbitrator within the time limit set out in the applicable arbitration rules, must be deemed to have waived that right in relation to subsequent proceedings to set aside the award. On this ground,

Hong Kong Court dismisses action against the HKIAC

In a rare case, the Hong Kong International Arbitration Centre (HKIAC) has been sued by one of its users, Mr Gong Benghai.  Mr Gong applied for an order compelling the HKIAC to suspend on-going HKIAC arbitration proceedings, and to replace certain members of an arbitral tribunal, together with costs.  However, the Hong Kong Court of First Instance was quick to dismiss the application. Background In the course of the arbitration proceedings, upon an application by Mr Gong (the Claimant in those proceedings), the Tribunal ordered the Respondent to disclose a

When can an applicant that took no part in the arbitral proceedings challenge an arbitration award?

The Commercial Court has just given further guidance in The London Steam Ship Owners Mutual Insurance Assocn v Kingdom of Spain [2013] EWCA 2840. The claimant commenced arbitration in England but the respondent contested the jurisdiction of the tribunal and refused to take part. The claimant obtained an award in its favour and sought enforcement in England. The respondent applied to court seeking to challenge the award under sections 72 and/or 67 of the Arbitration Act 1996. The section 67 challenge was out of time and the respondent sought an