Ghana: Regulation Of Counsel’s Conduct In International Arbitration: Should Tribunals Have The Teeth To Bite?

In recent times, the concept of ethics has gained prominence in the deliberations of topical issues in international arbitration. This marks a tremendous development in the regulation of international arbitration as historically, arbitrators only had commonly shared beliefs and tacit understanding of what constituted ethical conduct in arbitral proceedings.1

The development of ethics in international arbitration has led to considerations of the various conduct and players in the process who ought to be subjected to […]

By | November 12th, 2023 ||

China: Dose The Ongoing SAMR Merger Review Stop Enforcement Of The Arbitral Awards?

A recent ruling rendered by Beijing Higher People’s Court of China, on granting the enforcement of the arbitral awards, has attracted much attention and discussion of the competition law circle. Specifically, this remarkable judicial decision suggests that Chinese courts will not consider the fact of ongoing merger review procedure when determining whether to grant the enforcement of arbitral awards. Also, a very special fact involved in this case is, the key role, Simcere Pharmaceutical […]

By | November 12th, 2023 ||

UK: Rethinking Safeguards In Arbitration?

In The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm) the Commercial Court determined that arbitration awards against Nigeria had been obtained by fraud and were contrary to public policy. This decision is of the utmost importance to Nigeria given the sums involved. However, it will also be of interest to companies and state entities which have provided for arbitration in their contracts, as it raises questions as to the efficacy […]

By | November 10th, 2023 ||