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Enforcement of arbitration awards: the effect of curial proceedings
Leidos Inc v The Hellenic Republic [2019] EWHC 2738 (Comm) is a decision of Jacobs J on the costs of a successful application for an enforcement order under section 101 of the Arbitration Act 1996 and dismissal of a set aside application. The decision includes important analysis of the scope of section 103(2)(f) and the effect of proceedings in the curial court on an enforcement application.
Online Published Date:
08 December 2019
Appeared in issue:
Vol 20 No 01 - 08 December 2019
Challenging an award: award obtained by fraud
Section 68(2)(g) of the Arbitration Act 1996 permits a
court to overturn an award on the ground of serious irregularity if the award
has been obtained by fraud. There are equivalent provisions in Singapore. In BVU v BVX [2019]
SGHC 69 the Singapore High Court discussed the important question of whether a
party to an arbitration who chooses not to submit evidence of its internal
documents and employees on a particular matter can be guilty of fraud.
Online Published Date:
08 December 2019
Appeared in issue:
Vol 20 No 01 - 08 December 2019
Jurisdiction: effect of assignment
The decision of Teare J in Cockett Marine Oil DMCC v ING Bank NV [2019] EWHC 1533 (Comm) discusses a series
of jurisdictional questions. The most important was if the question of whether
there had been a valid assignment of the claimant’s rights went to jurisdiction,
and so could be challenged under section 67 of the Arbitration Act 1996.
Online Published Date:
08 December 2019
Appeared in issue:
Vol 20 No 01 - 08 December 2019
Challenging an award: jurisdiction and public policy
In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Pte) Ltd [2019] SGCA 33 the Singapore Court of
Appeal has upheld a challenge to an award, in circumstances where the tribunal
asserted a jurisdiction that they did not have. The decision to a large extent
turns upon the provisions of Singaporean arbitration legislation, but there are
some interesting points on the effect of a settlement agreement on jurisdiction
and also on the role of fraud and public policy in the validity of an award.
Online Published Date:
08 December 2019
Appeared in issue:
Vol 20 No 01 - 08 December 2019
Serious irregularity: exclusion of evidence
In K v
S [2019] EWHC 2386 (Comm) Sir Jeremy
Cooke, sitting as a High Court Judge, rejected an application under section 68
of the Arbitration Act 1996 to set aside a ruling by the tribunal excluding
evidence on a matter raised at a late stage by the appellant. The court found
that there was no power to intervene in the making of a procedural order, and
that the matter was one for the tribunal alone.
Online Published Date:
08 December 2019
Appeared in issue:
Vol 20 No 01 - 08 December 2019
Stay of arbitration proceedings: scope of arbitration clause
In Cavity Insulation Guarantee Agency Ltd v Thermabead Ltd, 2019,
unreported, Roger ter Haar QC, sitting as a Deputy High Court Judge, was faced
with an arbitration clause contained in the rules of an association and
designed to deal with disputes between members of the association and their
customers. The question for the court was whether the clause applied also to
disputes between the association and its members.
Online Published Date:
08 December 2019
Appeared in issue:
Vol 20 No 01 - 08 December 2019