Symbion Power LLC v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC)-- We acted successfully for the defendant, Venco, in this High Court case where the Court rejected an application to set aside
an ICC arbitration award for serious irregularity under section 68 (2)(d) of the Arbitration Act 1996 on the basis that the tribunal had failed to deal with issues which were put to it.
The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd [1] overturning an order of the Court of First Instance to set aside
an ICC arbitration award made in Hong Kong.
Not exact matches
Conoco filed suit on Thursday in the U.S. District court in Manhattan seeking to enforce the
award, saying the court had jurisdiction because the
ICC arbitration was held in New York and PDVSA had not responded to a demand for payment.
As Director of
Arbitration and ADR, North America, for the
ICC International Court of
Arbitration, she advised North American companies, law firms and parties on all phases of
ICC arbitration, including negotiating and drafting
arbitration clauses, substantive and procedural rules for filing requests for
arbitration before the
ICC Court, and enforcement of
arbitration awards
Even without the detailed statistics, the
ICC Report gives great insights on how arbitral tribunals
award costs in international
arbitration.
The transaction document typically makes reference to the institutional rules as a whole, and the issue of whether and how Article 35 (6) of the
ICC Rules or Rule 32.11 of the SIAC Rules operate to exclude a right to appeal may come to light only when there is a dispute that has gone to
arbitration, and when the dissatisfied party seeks recourse against the
award.
The
arbitration clause provided that the local arbitral tribunal issuing the
award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the
ICC Arbitration Rules.813
The
ICC has recognized that delays in receiving
awards is a problem in international
arbitration.
Had the
arbitration in the Bolivia case been an
ICC arbitration or the proceedings in New York substantive ones; or had PDVSA had assets in England and been in the process of removing them to frustrate an arbitral
award, the english court may well have asserted jurisdiction and chosen to exercise it.
Represented the prevailing party in an
ICC arbitration in enforcing in the U.S. District Court for the District of Massachusetts a multi-million dollar arbitral
award under the New York Convention.
The
award arose from an attritional
ICC arbitration that had commenced in 2008.
Reacting to complaints that
arbitration has become increasingly costly and slow, at the start of 2016 the International Chamber of Commerce (
ICC) announced new time scale expectations for the submission of
awards to try and combat the problem.
Commercial
Arbitration and Investor - State
Arbitration under the rules of one of the major international
arbitration institutions, such as the
ICC, LCIA or ICSID and subject to a wide range of laws can be financed in a variety of venues, against respondents whose assets appear to be available to satisfy any
award.
-- Instructed by Clifford Chance (as junior to Joe Smouha QC) to act for the respondent to an application under section 68 of the
Arbitration Act 1996 challenging an LCIA
award concerning a # 480 million claim for breach of contract — Instructed by Slaughter and May (as junior to David Streatfeild James QC) in an
ICC arbitration involving a claim against a German conglomerate in the industrial sector.
In addition to her trial and appellate experience, Elaine is skilled in
arbitration matters (
ICC, AAA, JAMS, FINRA and other self - regulatory organizations), litigates challenges to arbitral
awards under both the FAA and state equivalents, and litigates issues regarding arbitrability of claims.
This means that all three tiers of the Dubai Courts, having considered the applicability of the New York Convention, refused to recognise and enforce two
ICC Paris
arbitration awards on the ground that under the UAE's procedural laws the Court had no jurisdiction.
The new policy states that the
ICC Court expects draft
arbitration awards to be submitted to the Court within 3 months of the last substantive hearing, or if later, the filing of the last written submissions (excluding any submissions on costs).
successfully represented a resource trading multinational in obtaining a US$ 100m
award in London - seated
ICC arbitration against PRC counterparties involving pledged assets in the PRC and in resisting a subsequent challenge to the enforcement of the
award before the Hong Kong courts
When Dowans won the initial
ICC arbitration in 2010, Tanesco resisted the enforcement of the $ 65m
award, both in the UK courts and in Tanzania.