News & Analysis as of

Public Policy Arbitration Awards International Arbitration

Carlton Fields

Fourth Circuit Upholds Confirmation of Hong Kong Arbitration Award

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The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more

White & Case LLP

High Court of South Africa decisively dismisses public policy challenge to the recognition of a foreign arbitral award

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On 24 August 2023, the Gauteng Division of the High Court dismissed an application for leave to appeal a court order recognising and enforcing a foreign arbitral award under South Africa's International Arbitration Act 15 of...more

Foley & Lardner LLP

Enforcement of Annulled Foreign Arbitral Awards in the U.S.

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In Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV, 58 F.4th 429 (10th Cir. 2023) (“CIMSA v. GCC”), a panel of judges on the Tenth Circuit held in a 2-1 decision that the U.S. District Court...more

Hogan Lovells

Hong Kong court refuses to enforce mainland arbitral award in a rare decision - Talking Point Asia January 2022

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In a significant decision, a Hong Kong court has set aside an earlier ex parte court order granting leave to enforce an arbitral award made by a PRC arbitral body in the sum of RMB 59 million (HK$72 million). The judge...more

K&L Gates LLP

Privy Council Adopts a Restrictive Approach to Public Policy in International Arbitration - Betamax Ltd v State Trading...

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Under the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the “New York Convention,” the recognition and enforcement of an arbitration award may be refused if the court where...more

WilmerHale

Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14: Public Policy Challenge Does Not Allow Reopening of Decided...

WilmerHale on

On 14 June 2021, the Privy Council of the United Kingdom (“Privy Council”) handed down judgment in Betamax Ltd (“Betamax”) v State Trading Corporation (Mauritius) (“STC”). The judgment provides important guidance on the...more

White & Case LLP

Spanish Constitutional Court Limits the Scope of Review of Awards in Actions to Set Aside

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Ruling Confirms Limited Power of Review in Action to Set Aside an Award and Bolsters Confidence in Spain as a Place of Arbitration - The Spanish Constitutional Court has recently issued a judgment that bolsters confidence...more

Akin Gump Strauss Hauer & Feld LLP

Party Nomination of Arbitrators: Égalité of Parties and the 'Dutco Principle'

Party Nomination of Arbitrators - Parties benefit from a broad freedom in nominating arbitrators. In the context of an arbitration seated in France, the French law principle of égalité (equality) between the parties in...more

Mintz - Arbitration, Mediation, ADR...

“Two-Tier” Arbitration: Progress in Enforcement of International Arbitral Awards in India

Here is reason for hope for those who face with trepidation the prospect of enforcing an international arbitration award in India. On June 2, 2020, the Supreme Court of India (“ISC”) confirmed the enforceability there of a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcing International Arbitration Awards: US Courts Achieve Prompt and Efficient Enforcement, With Safeguards

Recent U.S. court decisions demonstrate that international arbitration remains a widely used and potentially attractive method for resolving international business disputes, largely due to the relative ease of enforcing...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

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The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Latham & Watkins LLP

English Court of Appeal Re-Affirms Pro-Enforcement Stance Toward Foreign Arbitral Awards

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Decision encourages a deferential approach to enforcing foreign awards in England and confirms narrow interpretation of the public policy exception under the New York Convention. The English Court of Appeal has confirmed...more

Carlton Fields

U.S. Court Confirms London-Based Arbitral Award Against Belize, Finding Allegedly Partial Arbitrator Did Not Violate U.S. Public...

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The D.C. Circuit recently upheld a district court order confirming a London-based arbitral award against the Belize government over objections that enforcement of that award would violate U.S. public policy regarding the...more

Latham & Watkins LLP

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

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Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

BCLP

Bribery and Corruption in International Arbitration

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Corruption in international business is becoming endemic. Transparency International's latest Global Corruption Report highlights that nearly two in five business executives say they have been asked to pay a bribe when...more

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