On 25 May 2012, Saint-Gobain Performance Plastics Europe filed a request for arbitration against the Bolivarian Republic of Venezuela for breaches to the Agreement on Encouragement and Reciprocal Protection of Investments between France and Venezuela of 15 April 2004. After appointment of the arbitrators by each party, Claimant filed for the disqualification of the arbitrator […]
The Presumption of Separability in International Arbitration
The presumption of separability in international arbitration means that the validity of an international arbitration agreement is separate and analyzed independently from the rest of a contract. It may be the case that only the arbitration agreement itself is valid while the rest of the contract is not, or vice versa. This presumption is recognized […]
Formal Requirements an Arbitration Award Must Satisfy to Be Enforceable in England and Wales: Anthony Lombard-Knight v Rainstorm [2014] EWCA Civ 356
This case concerns the formal requirements that an arbitration award must satisfy in order to be enforceable in England and Wales under the New York Convention of 1958 and the Arbitration Act 1996. Those instruments require that an arbitration award be duly authenticated or that its copy be duly certified. This case concerns the meaning […]
Bias in International Arbitration
One of the most acclaimed aspects of international arbitration is its neutrality, but charges of bias in international arbitration are frequent. Arbitrators constituting an international tribunal must be independent and free from any bias. In case of doubt, any party can challenge the independence of an arbitrator after being appointed. Bias can be real, which […]
ENFORCEMENT OF AN ANNULLED ARBITRATION AWARD: SOCIETE PT PUTRABALI ADYAMULIA v. RENA HOLDING French Court of Cassation (2007)
The case Société PT Putrabali Adyamulia v Société Rena Holding et Société Moguntia Est Epices is one of the French landmark cases concerning the enforcement of an arbitral award in France, where the enforcement of an annulled arbitration award is possible. In the case, Putrabali sold a cargo of white pepper to Rena Holding. The […]