Arbitration Law Monthly

In Indus Powertech Inc v Echjay Industries Private Ltd [2026] EWHC 827 (Comm); [2026] 1 Lloyd's Rep 552 Sean O'Sullivan KC, sitting as a Deputy High Court Judge, considered the allegation that the tribunal had failed to deal with two issues presented to it, thereby giving rise to serious irregularity under section 68(2)(d).

In Eletson Gas LLC v A Ltd and Others [2025] EWHC 1855 (Comm), HHJ Pelling KC concluded that a foreign award which had not been recognised or enforced in England under the New York Convention could not form the basis of a plea of issue estoppel. Ultimately that reasoning was obiter because the plea of issue estoppel was against persons who were not parties to the award and because the award had been suspended by an order of the curial courts.

Campeau v Gottex Real Asset Fund 1 (OE) Waste Sarl [2025] EWHC 2322 (Comm); [2025] 2 Lloyd's Rep 389 was concerned with the effect of an exclusive jurisdiction clause on third-party rights. However, Butcher J's decision contains an important analysis of the effect of the Contracts (Rights of Third Parties) Act 1999.

In Star Hydro Power Ltd v National Transmission and Despatch Co Ltd [2025] EWCA Civ 928; [2025] 2 Lloyd's Rep 215 the Court of Appeal confirmed that the New York Convention merely provided an award debtor with a list of defences to the recognition and enforcement of an arbitration award. It did not give the award debtor the right to challenge the award in foreign proceedings unless faced with an enforcement action. That meant that the English courts would restrain by anti-suit injunction any challenge to an English award in such foreign proceedings.

By Edward Liu (Partner), Lori Ng and Iris Shaw (Counsel), Jenny Wong (Senior Associate), Aaron Lai (Associate), and Winnie Lui (Trainee Solicitor), all members of the dispute resolution team at Haiwen & Partners LLP.