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Bradley Arant Boult Cummings LLP | USA | 16 Jun 2022

Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

What did the Court decide? The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private…
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Khaitan & Co | India | 16 Jun 2022

Applicability of section 65-B of Indian Evidence Act 1872 in arbitration proceedings

A judge of the Delhi High Court, while hearing a petition challenging an arbitral award, clarified that though the principles of the Indian Evidence Act 1872 usually apply to arbitral proceedings, certain specific provisions of the Act do not apply. The judgment arises out of the case of Millennium School v Pawan Dawar, OMP in a petition filed by Millennium School assailing an award passed by......
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Covington & Burling LLP | USA | 15 Jun 2022

SCOTUS Limits Ability to Seek Federal Court Assistance on Discovery in Aid of International Arbitration

On June 13 the Supreme Court held that current U.S. legislation does not authorize federal courts to order discovery in aid of foreign commercial and…
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RK Dewan & Co | India | 26 May 2022

Tax invoices containing reference to Arbitration; do not constitute an Arbitration Agreement

In the matter of Concrete Additives and Chemicals Pvt. Ltd v. S N Engineering Services Pvt. Ltd, the Bombay High Court dealt with an application…
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Vaish Associates Advocates | India | 23 May 2022

Between the lines- May, 2022

The National Company Law Tribunal, Kolkata (“NCLT”) has in its order dated April 6, 2022, in the matter of CFM Asset Reconstruction Private Limited v…
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Cecil Abraham & Partners | Malaysia | 5 May 2022

Arbitral awards in Malaysia: challenge and other actions

There is no appeals procedure against an award made in Malaysia under the Arbitration Act 2005. The only recourse is to set aside the award. The application to set aside an award has to be made within 90 days of receipt of the award, and the grounds for setting aside such an award are set out in section 37 of the Act. This article is part of a series on arbitral awards in Malaysia and, in......
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RPC | United Kingdom | 26 Apr 2022

High Court finds that obvious arithmetical error in damages calculation is sufficient for arbitral award to be set aside for procedural irregularity

The High Court recently found that an "obvious arithmetical error" in the calculation of damages was a procedural irregularity under section 68 of the Arbitration Act 1996 and set aside the relevant part of the award. The Court's judgment provides useful clarity to parties and tribunals on when awards may be remitted or set aside in such circumstances.
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Khaitan & Co | India | 20 Apr 2022

Delhi High Court Clarifies the Law on Exchange Rates for Arbitral Awards in Foreign Currencies

The High Court of Delhi (“High Court”) has recently clarified, by way of a judgment dated 4 April 2022 in Karam Chand Thapar & Bros (Coal Sales) Ltd…
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Tavernier Tschanz | Switzerland | 14 Apr 2022

Supreme Court upholds final award issued by new CAS panel in Sun Yang saga

In a recent decision, the Supreme Court dismissed Chinese Olympic swimmer Sun Yang's challenge against the final award issued by a newly constituted panel of the Court of Arbitration for Sport, thereby upholding that panel's (and the former panel's) finding that Yang had violated anti-doping rules and banning him for a period of four years and three months. The case emphasises the Court's......
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Cecil Abraham & Partners | Malaysia | 7 Apr 2022

Conducting arbitration in Malaysia: interim measures of protection

Section 19(1) of the Arbitration Act 2005 confers the arbitral tribunal power to grant interim measures at the request of a party. The Arbitration (Amendment) Act 2018 (No. 2) enlarged the tribunal's powers to grant such interim measures. This article is part of a series on conducting arbitration in Malaysia.
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