Arbitration in Europe

This Overview contains links to practical guidance on arbitration under the laws of many European states and related topics.

Note: for guidance on arbitration in England and Wales, see the Arbitration under the Arbitration Act 1996 topic.

Arbitration in the Republic of Ireland

This Practice Note gives a background to arbitration practice in Ireland and guidance on the enforcement of arbitral awards in the Republic of Ireland. For more information, see Practice Note: Ireland—Arbitration—an introduction.

Enforcing arbitral awards in Guernsey

This Practice Note considers enforcing domestic and international arbitral awards in Guernsey. It considers the distinctions between domestic, foreign and New York Convention awards, the procedure for applying for enforcement and the methods of enforcing a judgment in Guernsey. For more information, see Practice Note: Enforcing arbitral awards in Guernsey.

Enforcing arbitral awards in Jersey

This Practice Note provides guidance on enforcing arbitral awards in Jersey. It covers the distinction between the enforceability of domestic and non-domestic awards, the conditions for enforcement, grounds for refusing enforcement, the procedure for enforcing arbitral awards and challenging applications for enforcement and execution. For more information, see Practice

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Hong Kong—security for costs imposed on plaintiffs in application to set aside arbitral award (Y S v GI GG)

Arbitration analysis: This decision affirms well-established legal principles on the grant of security for costs in the context of an application to set aside an arbitral award under section 81(1) of the Arbitration Ordinance (Cap. 609) (AO). The plaintiffs argue that the award should be set aside as it acknowledges a Set-Off Mechanism, the effect of which the plaintiffs contend conflicts with Hong Kong public policy. The Set-Off Mechanism in this case, in essence, obliged the 1st plaintiff to waive the purchase price for shares in the amount outstanding to the 1st defendant, should the 2nd defendant fail to pay the 1st defendant any amount due under a promissory note. The 1st defendant applied for security of costs to be furnished by the plaintiffs in the set aside proceedings. Mrs Justice Mimmie Chan considered that the set aside application had little prospect of success and held that it would be just to exercise discretion to order the plaintiffs to provide security for costs. The case demonstrates the Hong Kong Courts’ consistently supportive stance towards arbitration and arbitral awards, in that the ordinary principles to security of costs will not be departed from to make easier any challenge to an arbitral award. Written by Paul Starr, partner at King & Wood Mallesons; Felicity Ng, senior associate at King & Wood Mallesons; Sian Knight, professional support lawyer at King & Wood Mallesons.

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