Possible changes to Polish arbitration law – could the introduction of conversion of pending...

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On 3 September 2021, the Ministry of Justice of Poland proposed an amendment to the Code of Civil Procedure (“the Draft”), with its main goal being “expediting proceedings (…) and filling in gaps in...

District court enters default judgment against a foreign sovereign thereby confirming the arbitral award...

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DIGOIL v. Democratic Republic of Congo, No. 20-cv-1130 (RJL) (D.D.C. Sept. 14, 2021) Factual Background In 2007 and 2008, DIGOIL, a South African oil exploration company, entered into two contracts with the Democratic Republic of...

Hong Kong court finds that award which is inconsistent with previous award concerning the...

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In the recent case of W v AW, W sought to set aside an award in the Hong Kong Court of First Instance, relying on issue estoppel. Issue estoppel may arise where a particular...
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Arbitration Statistics 2020 – In Full Sail Through the COVID Storm

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Introduction It is this time of the year again: most major arbitration institutions have published their statistical reports, giving us the opportunity to take a closer look at their numbers. As usual, we start off...

District court applies balancing test to determine whether to enforce an arbitration award or...

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Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021) Cube Infrastructure Fund SICAV, Cube Infrastructure Managers S.A., Cube Energy S.C.A. (now Cube Energy S.a.r.l.) ("Cube"), Demeter Partners S.A.,...

Brazil Judiciary regulates arbitral letters for communications between arbitrators and judicial courts

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The Brazilian Justice Counsel published on September 29, 2021 a decision regulating arbitral letters, which are the instruments foreseen in Brazilian Arbitration Act and in the Brazilian Code of Civil Procedure for communications between...

District court grants petition to compel arbitration where existence of arbitration agreement was in...

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Spliethoff Transport B.V. v. Phyto-Charter Inc., No. 20-CV-3283 (S.D.N.Y. May 13, 2021) Petitioner Spliethoff Transport B.V. ("Spliethoff") sought an order to compel Respondent Phyto-Charter Inc. ("Phyto-Charter") to submit to arbitration in New York an...

District court refuses to vacate award annulled at the seat of arbitration because it...

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Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua, S.A.B. de C.V., No. 1:15-cv-02120-JLK (D. Colo. Apr. 30, 2021) In 2005, Compañía de Inversiones Mercantiles S.A. ("CIMSA"), Grupo Cementos de Chihuahua, S.A.B. de...

Swiss Supreme Court confirms that an arbitral tribunal may under certain circumstances refuse to...

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In a decision published on 15th June 2021, the Swiss Federal Supreme Court ("SFSC") dismissed a challenge to set aside an arbitral award because in its view, the request to reschedule the hearing was...

Offsetting counterclaims against an arbitral award in the enforcement stage – a promising defense?

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In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can defend itself against the arbitral award with counterclaims at the...

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