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In early October, Melvin Sng and Eriko Kadota spoke at the Young ICCA and Young JAA skills training workshop on cross-examination in Tokyo.
In an arbitration with seat in England, s.68 of the Arbitration Act permits a challenge to an award on the basis of “serious irregularity”. In K v S  EWHC 2386 (Comm), the Commercial Court dismissed a s.68 challenge attempting...
On 2 April 2019, the Hong Kong Government and the Mainland Supreme People’s Court signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong...
Last month, the International Centre for Settlement of Investment Disputes (ICSID) released its latest proposed amendments to its rules and regulations for the resolution of international investment disputes. Working Paper #3: Proposals for Amendment...
In Martin & Ors v Harris  EWHC 1962 (Ch) the English High Court (Chancery Division) set aside an arbitral award pursuant to s 69 of the Arbitration Act 1996 (the “1996 Act”). In reaching its decision, Mr Michael...
17 March 2017 Duncan Hedar, England & Wales; Europe
Following an application by Romania and the European Commission (as intervener), the English High Court has stayed enforcement of an ICSID award in favour of Swedish business magnates the Micula brothers. The case will be determined following the decision of the General Court of the European Union in connected proceedings brought by the Micula brothers to annul the Commission’s determination that the payment of the ICSID award by Romania would amount to illegal State aid. The case raises important questions about the effectiveness of ICSID awards in circumstances where the awards clash with Member States’ obligations under EU law.
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