Arbitration Law Monthly

The question before Jonathan Harris J of the Hong Kong Court of First Instance in Lasmos Ltd v Southwest Pacific Bauxite (HK) Ltd [2018] HKCFI 426 was whether a winding-up petition should be entertained where the petitioner and debtor had agreed to submit all disputes between them to arbitration. The case is discussed by Edward Yang Liu, Senior Associate, Reed Smith Richards Butler.

The lengthy decision of Popplewell J in Reliance Industries Ltd and Another v The Union of India [2018] EWHC 822 (Comm) considers a range of challenges to an arbitration award, and there is much useful discussion on the scope of the individual heads of serious irregularity under section 68. Perhaps of greatest interest is, however, the court’s analysis of jurisdiction as it applies to the principle of non-justiciability of acts of state.

The lengthy decision of Popplewell J in Reliance Industries Ltd and Another v The Union of India [2018] EWHC 822 (Comm) considers a range of challenges to an arbitration award, and there is much useful discussion on the scope of the individual heads of serious irregularity under section 68. Perhaps of greatest interest is, however, the court’s analysis of jurisdiction as it applies to the principle of non-justiciability of acts of state.

The question in Stati v The Republic of Kazakhstan [2018] EWCA Civ 1896 was whether the claimants’ withdrawal of an application for permission to enforce an award in England under the New York Convention 1958 could be challenged by the defendant.