Arbitration Law Monthly

In Deutsche Bank AG, London Branch v Central Bank of Venezuela [2023] 2 Lloyd's Rep 486, Bright J discussed whether the respondent had waived sovereign immunity so as to lose the right to contest the appointment of a receiver pending the determination of the dispute in arbitration.

Section 73(1) of the Arbitration Act 1996 removes by waiver the right of a party to appeal against an award on the grounds of serious irregularity if that party was or should have been aware of the problem but continued the arbitration proceedings without raising that objection. Radisson Hotels APS Danmark v Hayat Otel Işletmeciliği Turizm Yatirim ve Ticaret Anonim Şirketi [2023] EWHC 892 (Comm); [2023] 1 Lloyd's Rep 642 raised important questions on the proper interpretation of section 73(1) in circumstances where the right to object to a partial award did not become known until a later phase of the arbitration.

The appeal to the Court of Appeal in National Iranian Oil Co v Crescent Petroleum Co International Ltd and Another [2023] EWCA Civ 826; [2023] 2 Lloyd's Rep 279 raised important issues as to the operation of the appeal procedure in the Arbitration Act 1996, in particular the circumstances where there can be an appeal without the permission of the trial judge.

In Sui Northern Gas Pipelines Ltd v National Power Parks Management Co (Pvt) Ltd [2023] EWHC 316 (Comm) it was contended that the arbitrator had reached a decision on the basis of a case that neither party had put forward. Bright J found no substance in the argument.