Bloomsbury International Arbitration Briefing: October Teaser

In Brief

Ioan Micula et al V Government of Romania (Case NO. 17-cv-02332 (APM)) [United States]

The Micula Saga (arising from a dispute relating to Romanian legislation introduced before the country’s accession to the European Union) has returned to the US Courts. This latest stage in the dramatic dispute that has dragged the Romanian Government and the EU Commission across borders, involved an application for confirmation of the ICSID arbitration award in the US. In the light of its long-held view that enforcement of the ICSID award would itself represent a violation of state aid rules, the European Commission appeared as amicus curiae in support of Romania’s objection to confirmation.

AIG Insurance Hong Kong Limited v (1) McCullough (2) McCullough [2019] HKCFI 1649 [Hong Kong]

In determining whether the dispute resolution provisions within a policy of insurance serve as grounds for the making of an anti-suit injunction, the HKCFI necessarily considered the scope of the claim brought by that third party: was it tortious or a contractual dispute that engaged questions of policy coverage? What was the impact of the characterisation of the claim upon the court’s decision? All is explained in the Briefing.

P v M [2019] HKCFI 1864 [Hong Kong]

Schedule 2 of the Arbitration Ordinance Cap 609 was designed to reduce the extent of intervention by the courts in the arbitral process. In this judgment Coleman J considered the circumstances in which a court may intervene to set aside in a case of serious irregularity, where even upon an initial remission of the decision back to the tribunal it appeared that the irregularity had not been cured.

In Focus

AIC Limited v the Federal Airports Authority of Nigeria [England and Wales]

This authority is a reminder that despite the English court’s reluctance to adjourn proceedings to enforce an award, pursuant to section 103(5) of the Arbitration Act 1996, such an adjournment may well be granted where an award lies at the ‘manifestly valid’ end of the scale articulated in IPCO (Nigeria) Ltd. It also includes an implied warning to those seeking such an order for adjournment that onerous conditions may well be attached in the form of security.

The Arbitration Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

Written by Paul Fisher

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