The interface between EU competition law and international arbitration was recently before a Dutch court in a case that had a surprising result. In Marketing Displays International Inc. v. VR Van Raalte Reclame BV,[1] the Court of Appeal of The Hague upheld a lower court's refusal to grant...
However, a few days prior to the handing down of the first partial award, the Hong Kong Court of Appeal held that the “range of factors” test underPatel v. Mirza[2017] AC 467 rather than the “reliance” test underTinsley(which had been applied in Hong Kong until then...
Decision of Court of Appeal In its decision, CA considered (a) whether the arbitrator did have jurisdiction to make the Declaration and (b) whether the impugned parts of the Award were contrary to public policy. In particular, CA noted that it was entitled to consider the question...
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was not capable of settlement by arbitration on the grounds that company agreements affecting the structural aspects of a company — in this case, the necessary amendment of the company statutes to comply with the Valencian Cooperatives Law — could not be subjected to arbitration, the Court consid...
set aside an award in a domestic arbitrationingeneralterms,6thegroundsofreview applicable to an international arbitration as provided by [...] legco.gov.hk legco.gov.hk 條例第 25(2)條以概括性的用語 訂明 法院可以將本 地仲裁個案的裁決 作廢的理由6,但《示範法》第 34 條所訂明 的、 適...
The Moscow Arbitration Appeal Court confirms the cartel decision concerning a tender for allocating fishing grounds in the Primorie region (Aquaresource)Appeal Court supported FAS on a case on allocating fishing grounds* On 6 July 2015, the 9th Arbitration Appeal Court pronounced legitimacy of (.....
an awardonlyon the following grounds:(a)incapacity of a party or invalidity of arbitration agreement; [...] legco.gov.hk legco.gov.hk (條例第 25(2)條 ) 法院只可用下 列理由 將裁決撤銷: (a) 當事 一方欠 缺 行 為能力或 ...
Decision of Court of Appeal In its decision, CA considered (a) whether the arbitrator did have jurisdiction to make the Declaration and (b) whether the impugned parts of the Award were contrary to public policy. In particular, CA noted that it was entitled to consider the question...