Tag Archives: set aside
Annulment of an award for breach of due process: substitution of grounds without previous discussion with the parties.
On 15 March 2016, the Paris Court of Appeal annulled an award for breach of due process (Article 1520, 4° of the French Code of Civil Procedure) on the grounds that, without inviting the parties to discuss the issue, the Arbitral Tribunal had replaced a claim for the allocation of the principal of a sentence […]
Enforcing a “binding” but not “final” decision of a dispute adjudication board (DAB) under the FIDIC Conditions of Contract for Construction 1999 (Red Book)
On 27 May 2015, the Singapore Court of Appeal held that a failure by a party to comply promptly with a decision of a Dispute Adjudication Board (DAB) may be directly referred to arbitration. The resulting award is enforceable as an interim or partial award under the Singapore International Arbitration Act, irrespective of the award […]
Publication of an article on setting aside arbitral awards, breach of due process and the arbitral tribunal’s responsibility
Caroline Duclercq published an article on setting aside arbitral awards, breach of due process and the arbitral tribunal’s responsibility in La Semaine Juridique, General Edition. It is available here.
Enforcement order of an award set aside by the English High Court on the basis of Sections 103(2)(c) and (f) of the 1996 Arbitration Act
In a judgment dated 19 February 2015, the High Court of England and Wales set aside an order to enforce an award under the New York Convention on the basis of Sections 103(2)(c) and (f) of the 1996 Arbitration Act and thus declined enforcement of this award. On 4 November 2000, Malicorp Ltd. (“Malicorp”), a […]
In July 2014, three historical awards have been rendered under the aegis of the Permanent Court of Arbitration (“PCA”) in the Hague, ordering the Russian Federation to pay over $50 billion in compensation to former Yukos Oil Company shareholders. The three arbitration proceedings having resulted in these awards were commenced in 2005 by the former […]
The Paris Court of Appeal requests a preliminary ruling from the European Court of Justice to decide whether arbitral awards should be annulled
Paris Court of appeal, 23 September 2014, Nos. 12/21810, 13/09296, 13/17187 On 23 September 2014, the Paris Court of Appeal decided that a preliminary ruling from the European Court of Justice (“ECJ”) was necessary to determine whether the awards challenged in the present case should be annulled under Article 1520 para. 5 of the French […]
Publication of an article on the action to set aside the award, stay of proceedings and breach of due process
Caroline Duclercq published an article in La Semaine Juridique entitled “Recours en annulation, sursis à statuer et violation du contradictoire”. Semaine Juridique, Edition générale, n° 28, 8 Juillet 2013, 800.