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Appeals against arbitration awards: security for costs and for the award
In Czech Republic v Diag Human SE and Another [2023] EWHC 1691 (Comm); [2023] 2 Lloyd's Rep 475 Bright J discussed the circumstances in which a party appealing against an arbitration award was required to provide security for costs and for the amount of the award itself.
Online Published Date:
25 March 2024
Appeared in issue:
Vol 24 No 3 - 25 March 2024
Appeals against arbitration awards: serious irregularity
In LMH v EGK [2023] EWHC 1832 (Comm); [2023] 2 Lloyd's Rep 495 Foxton J considered a series of serious irregularity challenges to an arbitration award under section 68 of the Arbitration Act 1996. By far the most significant of these related to errors in computation. The court has confirmed that the list of serious irregularities in section 68 is exhaustive and that in particular there is no remedy under section 68 for an error in analysis.
Online Published Date:
25 March 2024
Appeared in issue:
Vol 24 No 3 - 25 March 2024
Interim relief: the powers of the court
Section 44 of the Arbitration Act 1996 confers upon the court various powers of interim assistance in circumstances where the tribunal itself is unable to act. The key provision is section 44(3), which allows the court to preserve assets if the matter is one of urgency.
Online Published Date:
25 March 2024
Appeared in issue:
Vol 24 No 3 - 25 March 2024
Jurisdiction: jurisdiction and merits
In Port de Djibouti SA v DP World Djibouti FZCO [2023] EWHC 1189 (Comm); [2023] 2 Lloyd's Rep 149 Henshaw J considered, for the purposes of an appeal against an award on jurisdictional grounds under section 67 of the Arbitration Act 1996, whether a ruling by an arbitrator was on jurisdiction or on the merits of the claim.
Online Published Date:
25 March 2024
Appeared in issue:
Vol 24 No 3 - 25 March 2024
2023 review of Hong Kong SAR arbitration case law
This article delves into notable arbitration-related court decisions in Hong Kong during 2023, providing valuable insights for the arbitration community.By Edward Liu (Partner), Lori Ng and Vinca Yau (Senior Associates), Charlie Lau (Associate), and Aaron Lai (Trainee Solicitor), all members of the dispute resolution team at Haiwen & Partners LLP
Online Published Date:
25 March 2024
Appeared in issue:
Vol 24 No 3 - 25 March 2024