Australia: Arbitration Agreements

This excerpt originally appeared in the Baker McKenzie International Arbitration Yearbook 2017-2018. The Yearbook comprises reports on arbitration in key jurisdictions around the globe. You can access the Yearbook here. The country chapter “Australia”...

English High Court provides useful guidance on whether test for appeal on a point...

The case of Agile Holdings Corp v Essar Shipping Ltd clarifies the circumstances in which the court can revisit the decision to grant leave to appeal an award on a point of law under...

England and Wales: Apparent Bias In Arbitral Tribunals – Guidance from the Court of...

In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) (3) (4) EWCA Civ 817, in which Halliburton applied sought...

Due process and fairness in arbitral proceedings: the Commercial Court rules against finding serious...

The rejection of SCM Financial Overseas Ltd's ("SCM") challenge to an US$ 860 million award in favour of Raga Establishment Ltd ("Raga") on the grounds of serious irregularity under section 68 of the Arbitration...

SPC Launches International Commercial Courts in Shenzhen and Xi’an

Following its earlier announcements, the Supreme People’s Court of China (SPC) has formally launched two branches in Shenzhen and Xi’an on 29 June 2018, namely the First and Second International Commercial Courts of China...

Canada: British Columbia modernizes its international commercial arbitration legislation

British Columbia is now the second Canadian province to modernize its international arbitration legislation by adopting the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration ("Model Law"). On May 17, 2018...

U.S.: District court refuses to allow non-parties to arbitration to intervene in enforcement proceedings,...

Eddystone Rail Co. v. Jamex Transfer Servs., LLC, No. 17-cv-1266 (S.D.N.Y. Feb. 7, 2018) A district court in the Southern District of New York recently refused to allow a group of would-be Intervenors, all...

Draft Model BIT abandons Party-Appointed Arbitrators

On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT. The news heading was "Radical proposals in draft Netherlands Model BIT". The radical proposal was the ...

U.S.: Second Circuit affirms bankruptcy and district court decisions to deny motion to compel...

Anderson v. Credit One Bank, N.A. (In re Anderson), 884 F.3d 382 (2d Cir. 2018) Plaintiff was a credit card holder with Credit One Bank, N.A.'s predecessor (the "Bank"). On March 12, 2012, the...

U.S.: District court refuses to stay enforcement of an award pending foreign challenge but...

Tatneft v. Ukraine, No. 17-582 (D.D.C. Mar. 19, 2018) On July 4, 1995, Tatarstan and Ukraine entered into an agreement to create CJSC Ukrtatnafta Transnational Financial and Industrial Oil Company ("Ukrtatnafta"), a Ukrainian joint...

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