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Allen & Overy LLP | Slovakia | 16 Sep 2021

Slovak Supreme Court continues arbitration-friendly approach

A recently published order of the Supreme Court has continued the trend of courts deferring to arbitral findings and a general friendliness towards arbitration. The court order provides welcome reassurance that, on annulment, the Slovak courts will not interfere with substantive findings of arbitral tribunals, and that clerical errors are not grounds for annulment.
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Khaitan & Co | India | 2 Sep 2021

Courts hearing challenges to arbitral awards have no power to modify such arbitral awards

The Arbitration and Conciliation Act 1996 is the substantial Indian legislation that regulates arbitration proceedings. Section 34 of the act deals with the court's power to set aside an arbitral award. It contemplates a restricted set of grounds for any court to interfere with an arbitral award pronounced by an arbitral tribunal. This article examines the case law relating to this provision.
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Khaitan & Co | India | 18 Apr 2019

Enforcement of foreign awards: does violation of legal provision equate to contravention of fundamental policy?

In 2013 the Supreme Court held that the enforcement of a foreign arbitral award can be refused only if it is contrary to, among other things, the 'fundamental policy of Indian law'. This article focuses on the Indian courts' interpretation of this term and looks at a common question that arises in relation to this area of law – namely, whether a foreign arbitral award which is a mere......
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Fasken | Canada | 17 Apr 2019

Between a rock and a hard place: employer faces competing statutory obligations

How can an employer balance its obligation to maintain a safe workplace for its employees with its duty to accommodate an employee who has serious mental health issues? According to a recent arbitration award, an employer may inadvertently breach one statutory obligation by satisfying another. A single employee's rights – even human rights – cannot be considered in isolation and to the......
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George Z Georgiou & Associates LLC | Cyprus | 4 Apr 2019

District court rejects public policy argument against recognition of arbitral award

A recent Limassol District Court decision serves as a useful reminder that the courts will rarely resort to public policy grounds for refusing the recognition of arbitral awards unless presented with cogent evidence. In addition, the courts are prepared to demonstrate the necessary flexibility dictated by modern commercial practices in examining the imperative requirements of Article IV of......
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Mariconda e Associati Studio Legale | Italy | 21 Mar 2019

Supreme Court of Cassation rules on nullity of arbitral award for late delivery of decision

The Supreme Court of Cassation recently found that parties alleging nullity of an arbitral award for the late delivery of the decision must notify the other parties and arbitrators before the award's deliberation pursuant to the Code of Civil Procedure. The decision strongly reaffirms a general principle of primary importance regarding arbitration under the code.
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Clifford Chance | United Kingdom | 7 Mar 2019

Enforcement of arbitral award against sovereign state requires service through diplomatic channels

The High Court recently considered whether service of formal court documentation on a state party is a necessary requirement when seeking to enforce an arbitral award against it or whether service can be dispensed with. The courts' unique approach to disputes involving state defendants is shaped not only by the applicable statutes, such as the State Immunity Act 1978, but also by the......
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Tavernier Tschanz | Switzerland | 21 Feb 2019

Award partially set aside due to tribunal's unexplained choice between two contradictory findings

The Supreme Court recently set aside an arbitral award issued in a domestic arbitration on the grounds that the arbitral tribunal had drawn consequences from one of two contradictory findings without providing any reasons for its decision. Considering that the test to admit a violation of the right to be heard is the same in domestic and international arbitrations, this decision may be......
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Cocalis & Partners | Greece | 21 Feb 2019

Annulment of arbitral awards for violating public order provisions

Under Article 897 of the Code of Civil Procedure, an arbitral award can be annulled in whole or in part by a decision from the competent national court only if it is contrary to, among other things, public order provisions or bonos mores. Examples of public order provisions that would justify the annulment of an arbitral award include jus cogens rules which have been enacted in order to......
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Norburg & Scherp | Sweden | 14 Feb 2019

Does lack of impartiality justify a reduction in arbitrators' compensation?

Although parties have the right to appeal arbitrators' compensation that has been decided by an arbitral institution and included in an arbitral award, a recent Svea Court of Appeal judgment suggests that strong reasons are required to adjust such a decision when it has been made in accordance with an arbitration agreement between said parties. Further, the existence of circumstances which......
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