The Court of Appeal dismisses an appeal against a bankruptcy order finding that the debt was not covered by an arbitration clause. The Court also considered recent authorities arising out of the Lasmos case.
The Mainland Court has recognised the principle of severability of arbitration agreement and held that although the underlying contracts had not been formally signed, the parties had reached valid arbitration agreements.
A range of cases from Hong Kong, England, Malaysia and Singapore including an update on the Arrangement Concerning Mutual Measures between Hong Kong and the Mainland, an Arbitrator’s duty of impartiality and independence, and a host of enforcement-related cases.
The HK Court confirms an earlier decision holding that there is no provision in the Arrangement Concerning Mutual Enforcement of Arbitral Awards that the limitation period should not run while a successful party seeks to enforce an award in China.
The requirement for arbitrators to act “impartially” is enshrined in the English Arbitration Act (and together with “independence”, in the Model Law and many institutional rules). This note reviews these concepts in light of the judgments in Almazeedi and Halliburton.
The English High Court considers an argument that the tribunal breached its duty of fairness, rejects the challenge under s.68 of the Arbitration Act, and sets out some guiding principles.
In a serious and unusual case, the English High Court refuses to enforce an unchallenged arbitral on the basis that to do so would not be in the interests of justice, demonstrating that s.66 is not a simple rubber-stamping exercise.
The High Court deals with an argument that a partial award constitutes a negative jurisdiction decision and various arguments that the award should be set aside under Article 34(2) of the Model Law.