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Indian Supreme Court Sets Aside Arbitral Award for "Grave Miscarriage of Justice"

The Indian Supreme Court invokes curative jurisdiction to set aside US$960 million award to avoid a "grave miscarriage of justice," seven years after the award creditor received a favorable award in India and three years...more

DIFC Courts Affirm Enforceability of Foreign Interim Arbitral Awards

In Neal v. Nadir [2024] DIFC A 001, the Dubai International Finance Centre ("DIFC") Court of Appeal held that provisional arbitration awards issued by tribunals seated outside the DIFC are enforceable within the DIFC. The...more

Hong Kong Court: Questions of Compliance With Pre-Arbitration Requirements Should Be Decided by the Arbitrator

The Court of Appeal has confirmed that, subject to any agreement to the contrary, the failure to comply with pre-conditions to arbitration goes to the admissibility of a claim and should be determined by the arbitral...more

Witness-Gating: Arbitrator's Denial of Witness Evidence at Hearing Deemed Breach of Natural Justice in Singapore

While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to...more

Update on the Singapore Mediation Convention

The Situation: On June 26, 2018, the United Nations ("UN") Commission on International Trade Law approved the final draft of the Singapore Mediation Convention ("Convention"), the significance of which was discussed in a...more

Singapore’s Highest Court Sets Aside Investment Treaty Award

The Situation: A group of South African mining investors attempted to revive an investment treaty award by which the Kingdom of Lesotho was held liable for its role in disbanding the Tribunal of the Southern African...more

"Serious Irregularity" in Bank Merger Matter Triggers English Commercial Court's Award Set-Aside

The Situation: A bank owner and an investor entered into an agreement in which the investor would provide the funds necessary for a merger of two banking entities in return for a minority interest in the acquired bank. The...more

New Hong Kong International Arbitration Centre Rules Take Effect

The updated rules should make the arbitration process in Hong Kong more time-efficient and cost-effective. The Hong Kong International Arbitration Centre ("HKIAC") has launched a new version of its administered arbitration...more

Singapore Court Affirms Power of Arbitral Tribunals to Order Attorneys' Eyes Only Disclosure

The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court considered whether a tribunal could order one of the parties to disclose certain documents only to the other party's...more

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