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Arbitration Beyond the Award: settlement agreements and enforcement challenges

International arbitration does not always end with the issuance of an arbitral award. Parties often enter post-award settlement agreements regulating how awards will be satisfied, particularly through structured payment arrangements or negotiated enforcement terms. While these agreements may encourage compliance and avoid immediate enforcement proceedings, they can also create new disputes where a party alleges […]

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Can Annulled Arbitral Awards Still Be Enforced? A comparative look at major jurisdictions

The annulment of an arbitral award at the seat of arbitration has traditionally been regarded as a major impediment to its enforcement abroad. In practice, however, the position is far from absolute. International arbitration continues to reveal divergent judicial approaches to annulled awards, reflecting the tension between territorial control by national courts and the transnational

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Setting Aside Arbitral Awards on Public Policy Grounds: Brief Insights from AT v. QC

In modern cross-border investment transactions, parties often structure their agreements to accommodate regulatory restrictions and commercial risks. However, disputes may arise where parties later disagree on the legal effect of those arrangements, particularly where foreign regulatory approvals and payment structures are involved. Such disputes frequently test the extent to which courts may interfere with arbitral

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Non-Signatories in Arbitration: When Consent isn’t Written

International commercial arbitration is built on consensus ad idem, where only those who agree to arbitrate should be bound. However, modern global commerce often stretches this principle. Transactions today commonly involve multiple entities, such as subsidiaries, parent companies, and subcontractors, within complex corporate and contractual structures. As a result, disputes frequently arise involving parties who

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Competing Arbitration Clauses in Multi-Contract Transactions: the “Centre of Gravity” Approach in XX and Ors v ZZ

Where commercial relationships are governed by multiple related contracts, each containing its own arbitration clause, disputes may arise as to which clause should govern a given claim. This issue becomes particularly significant in investment structures where different agreements are executed at different stages and involve overlapping parties and obligations. The High Court of Hong Kong

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