Practical Law

The recent decision of an emergency arbitrator in Mohammed Munshi v The State of Mongolia demonstrates the careful exercise that must be undertaken by a tribunal presented with an imprisoned claimant who seeks release by way of provisional measures. The outcome in this case (that it was not necessary or proportionate to order the claimant’s … Continue reading Protecting the procedural integrity of arbitral proceedings: are claimants entitled to a temporary “get out of jail free” card? →

There is sometimes an uneasy relationship between the courts of the seat of an arbitration and the courts of the place of enforcement of the resulting arbitral award. The relationship is perhaps under the greatest strain when the latter are asked to decide whether to enforce an award that has been set aside by the … Continue reading Enforcing awards that have been set aside at the seat: the English and Dutch courts remind parties of the high hurdle that must be overcome →