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Appeals › Arbitration Awards › Public Policy

BCLP

HK Court of Appeal Set Aside Arbitral Award for the Absence of Underlying Disputes: No Dispute, No Jurisdiction

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In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...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

White & Case LLP

Dissenting Opinion as violation of public policy? The recent annulment decision of the Higher Regional Court of Frankfurt in...

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In a recently published annulment decision, the Higher Regional Court of Frankfurt (docket no. 26 Sch 14/18) by way of obiter dictum expressed its views on dissenting opinions in domestic arbitration proceedings. Although the...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

Court Of Appeal Of England And Wales Finds That Party’s Forgery Of Documents In Connection With A Transaction Does Not Bar...

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The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission (the “Tribunal”) against RBRG Trading (UK) Limited in favor of Sinocore...more

Carlton Fields

Court Finds That Enron’s Fraud Does Not Void Contract Entered Into With Enron Subsidiary

Carlton Fields on

A federal appellate court has upheld a district court order enforcing an arbitration award by the ICC against the Republic of Nigeria in favor of Enron Nigeria Power Holdings, Ltd. (“ENPH”), a former subsidiary of Enron...more

Carlton Fields

Second Circuit Upholds Confirmation Of Arbitration Award Finding The Penalty Provision In Contract Did Not Violate Public Policy

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Although unable to revisit the arbitration panel’s fact-finding or legal reasoning behind an arbitration award, the Second Circuit Court of Appeals upheld confirmation of the award itself, as it did not violate public policy....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

Weintraub Tobin

California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

Weintraub Tobin on

California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman...more

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