Clifford Chance | United Kingdom | 23 Sep 2021
The High Court has upheld a claimant's challenges to an arbitral award made under section 68 of the Arbitration Act, determining that the arbitration tribunal had failed to provide the parties with an opportunity to address the issues on which it based its decision before issuing an award and wrongly rejected the claimant's application to amend its statement of case. This judgment underlines......
Khaitan & Co | India | 16 Sep 2021
The question of whether the order of an arbitral tribunal adjudicating on a challenge under section 16 of the Arbitration and Conciliation Act 1996 is an interim order or an interim award has been the focus of much attention. It is a pertinent question since the answer could change the course of Indian arbitration proceedings. The differing approaches taken by the courts, the subsequent......
Allen & Overy LLP | Slovakia | 16 Sep 2021
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.
Khaitan & Co | India | 2 Sep 2021
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.
Becerril Coca & Becerril SC | Mexico | 19 Aug 2021
This article outlines the key features of the arbitration process in Mexico, including identification of the major arbitration institutions, changes to the constitutional right to dispute resolution and the benefits of this dispute resolution mechanism in Mexico which have seen its popularity grow exponentially therein.
Clasis Law | India | 17 Aug 2021
The Delhi High Court recently held that when the appointment of an arbitrator is non est (ie, not in accordance with the agreed procedure), then such an appointment can be ignored and the aggrieved party is within its rights to approach the court for appointment of arbitrator under section 11 of the Arbitration and Conciliation Act. This decision, as well as recent Supreme Court judgments and......
Freshfields Bruckhaus Deringer | Netherlands | 15 Jul 2021
Fraud in Dutch proceedings is a ground to challenge an arbitral award, even after the period for setting aside has lapsed. Under Dutch law, such a challenge should be lodged within three months of the ground for the challenge arising. However, what does that mean when the challenge is based on alleged fraud in the proceedings? Does a suspicion of fraud start the clock, or can the challenger......
Carvalho, Machado e Timm Advogados | Brazil | 11 Apr 2019
A recent decision rendered by an arbitral tribunal constituted under the Centre for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada has ended a 20-year dispute over the largest container port in South America. The outcome of this arbitration is positive, as it demonstrates that Brazil's arbitral framework is well established and well functioning – even in disputes involving......
Mariconda e Associati Studio Legale | Italy | 21 Mar 2019
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.
Tavernier Tschanz | Switzerland | 21 Feb 2019
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......