Arbitral awards benefit from being widely enforceable. This is the case particularly in jurisdictions that are members of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (New York Convention). Recognition and enforcement of a foreign arbitral award under the New York Convention is rejected only on narrow grounds (Article V). There is, however, an additional ground for an award to become unenforceable in a specific jurisdiction that is often overlooked: limitation periods.
Read moreThe Ristori Decree Impact on Italian procedural arbitrations and potential challenge of awards containing decisions based on remote hearings
On 27 October 2020 the Italian Council of Ministers approved the Law Decree no. 137/2020 on “Further urgent measures regarding health protection, support for workers and businesses, justice and safety, related to the epidemiological emergency from COVID-19” (the so-called Ristori Decree), which was published in the Official Gazette on 28 October 2020 and came into force on 29 October 2020.
The Ristori Decree sought to provide “refreshments” for the economic sectors affected, directly or indirectly, by the new series of restrictive measures imposed by Prime Ministerial Decrees of 13, 18 and 24 October 2020, to contain the worsening of the pandemic in Autumn 2020. It should be pointed out that the Decree may be subject to amendments by the Parliament at the time of its conversion into law.
Read moreSwiss Supreme Court upholds the request for revision of an arbitral award based on the subsequent discovery of circumstances that justified the removal of an arbitrator
In a recent decision published on 15 January 2021, the Swiss Federal Supreme Court (“SFSC”) upheld a request for revision of an arbitral award of the Lausanne-based Court of Arbitration for Sport (“CAS”) regarding the Chinese swimmer Sun Yang on grounds of bias and lack of impartiality of the chairman of the CAS panel (case no. 4A_318/2021 (in French)).
Factual background
With its decision of February 28, 2020, the CAS imposed an eight-year ban on the Chinese swimmer Sun Yang for violation of doping rules. On June 15, 2020, Sun Yang filed an appeal against the CAS award with the SFSC. In the appeal, he raised doubts against the impartiality of the chairman of the CAS panel, Franco Frattini. In support thereof, Sun Yang submitted evidence according to which in 2018 and 2019, Franco Frattini had repeatedly published comments about the treatment of animals in China on his Twitter account, containing extreme anti-Chinese language.
Read moreEnforcement and setting aside of an Arbitral Award in Thailand
Arbitration is one of the most effective Alternative Dispute Resolution (“ADR") approaches to resolving disputes outside the courts. Arbitration is often considered for the resolution of disputes, most commonly used in relation to international commercial transactions.
The parties to a contract can mutually agree to settle all or certain disputes arising between them by an arbitral tribunal, known as an arbitration agreement. In essence, the arbitral award rendered by the arbitral tribunal will bind the parties, which will be recognized and enforced by the courts of contracting states under the Convention on Recognition and Enforcement of Foreign Arbitral Awards (1958), commonly known as the “New York Convention”. Thailand is one of contracting stages to the New York Convention and has also adopted UNCITRAL Model Law as well as the New York Convention as a model for Thai Arbitration Act B.E. 2545 (2002) (the “Arbitration Act”).
Read moreTenet appeals $10M arbitration award to whistleblower physicians
Tenet Healthcare Corp. is appealing a ruling Monday by the U.S. District Court in Detroit that refused to vacate or seal a $10 million arbitration award to two whistleblower physicians.
Dr. Amir Kaki and Dr. Mahir Elder are two prominent cardiologists who held directorships and other privileges at Detroit Medical Center until defendants including Dallas-based Tenet refused to renew them, according to the ruling by the U.S. District Court in Dr. Amir Kaki et al. v. Tenet Healthcare Corp., et al.
Read moreWinner Takes All: B.C. Court Confirms Indemnification Costs as the Normal Rule in Commercial Arbitrations
In domestic and international commercial arbitrations, it is common for successful parties to be awarded their actual reasonable legal fees and disbursements. The legislation governing domestic commercial arbitrations in British Columbia permits arbitrators to exercise their discretion to award such costs.
The Supreme Court of British Columbia discussed the law applicable to indemnification cost awards in its recent decision in Allard v. The University of British Columbia. In Allard, the successful party to an arbitration had sought – and been awarded – its actual reasonable costs. In awarding these costs, the arbitrator rejected an argument that indemnity costs represent “elevated” costs in the arbitration context, noting:
Read more‘Friday the 13th’ horror franchise scares up new litigation over profits
Another day, another fight over the profits from a Hollywood production — this time over a classic horror franchise.
Sean Cunningham, producer of the 2009 horror reboot “Friday the 13th,” sued Warner Bros. and its New Line Productions as well as Paramount Pictures, claiming breach of contract.
Read moreMandatory COVID-19 Testing Policy Deemed Reasonable in Retirement Home
In a recent unreported labour arbitration award, Caressant Care Nursing & Retirement Homes and Christian Labour Association of Canada, Arbitrator Dana Randall confirmed that the employer’s mandatory COVID-19 testing policy was a reasonable exercise of management rights.
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