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The Death, Disability and Disqualification of Arbitrators

仲裁员的死亡,残障,取消资格
When appointing an arbitrator, parties rarely consider taking out a legal risk policy to cover the death, disability and disqualification of an arbitrator. In this interesting article, the author discusses the issue and the options available.

Irish Court Provides Useful Summary of De Novo Review Under Art.16(3) Model Law

第16条第3款规定的法院在管辖权挑战中的作用摘要
The Irish High Court provides a useful summary of the authorities dealing with a Court’s de novo review under Art.16(3) of the Model Law following a decision on jurisdiction by a tribunal.

Singapore HC Refuses to Set Aside Partial Award on Public Policy Grounds

新加坡以公共政策为由拒绝搁置仲裁裁决
The Singapore High Court rejects an argument that enforcement of a partial award could be resisted on the public policy ground, and also deals with time extension applications for setting aside and resisting enforcement of awards.

“Arbitration In Shanghai” Means Shanghai is Seat – Singapore CA Overturns HC

上海举行仲裁
The Singapore Court of Appeal overturns the High Court, finding that the phrase “arbitration in Shanghai” means that Shanghai was clearly intended as the seat of arbitration.

International Arbitration Newsletter No.7 – 1 January 2020

Arbitrium wishes all our readers, subscribers and sponsors the very best for 2020. This month, we welcome two additional sponsors, Hong Kong law firms GPS McQuhae LLP and Yang Chau Law Office and report on several cases dealing with anti-suit injunction applications.

UK Court Refuses Anti-Suit Injunction Against Non-Party

法院拒绝针对非当事人的反起诉令
The English Court considers an application for the continuance of an anti-suit injunction against a non-party to an arbitration agreement, based on the non-party pursuing proceedings in Russia which raised overlapping issues to those which were the subject of the arbitration.

(Re) Emphasising the Importance of the Seat of Arbitration

仲裁地的重要性
IA practitioners know the importance of the seat of arbitration, and its impact on the conduct of arbitration proceedings and any subsequent court applications to set aside and enforce. A brief recap.

HK Court Examines Costs After Anti-Suit Injunction

香港法院在反诉讼禁令后审查成本命令
The Hong Kong Court refuses to grant an indemnity costs order following an anti-suit injunction, rejecting an argument that the general approach in arbitration cases to award indemnity costs should be extended against a person who was not a party to the arbitration agreement.

HK Court Grants Anti-Suit Injunction in Armani Case

香港法院在阿玛尼案中授予反起诉禁令
The Hong Kong High Court grants a permanent anti-suit injunction to stop court proceedings continuing on the Mainland on the basis that they were oppressive, vexatious and brought for the purpose of frustrating the arbitration.

UAE International Arbitration Update

阿拉伯联合酋长国国际仲裁最新动态
The UAE Federal Arbitration Law (No.6 of 2018) came into force on 15 June 2018, and introduced a number of procedural developments relating to the conduct of arbitration proceedings and the enforcement of domestic and international awards before the local UAE courts.

Sections 67 & 68 English Act Take Precedence Over Subsequent Arbitrations

英国法院授予反仲裁禁令
In an important decision, the English Court of Appeal grants an anti-arbitration injunction, saying it will do so only in “exceptional circumstances” and that parties cannot contract out of ss.67 & 68 of the English Act.

HK Court Refuses to Set Aside Enforcement Order in Unusual Circumstances

香港法院拒绝搁置执行令
In an unusual case, a party filed evidence and sought to resist enforcement of an award but at the hearing advised that it would not advance any arguments to oppose the application to set aside the order granting leave to enforce, thereby leaving the party seeking enforcement to satisfy the court that order ought to be set aside.

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