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Arbitration and Winding Up – Lasmos 3rd Limb Considered

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.

Mainland Court Recognises Principle of Severability

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.

Award Enforced But Successful Party Denied Costs

The English Court finds that a successful enforcement action did not entitle the Claimant to an award of costs as it failed to satisfy the requirements of full and frank disclosure.

Arbitrator “Not Obviously Wrong” – Refuses Leave to Appeal

The HK High Court refuses leave to appeal an award under the Schedule to the Ordinance, finding that the Arbitrator was “not obviously wrong”.

Arbitrium Monthly Newsletter No.5

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.

HK Court Confirms Position on Impact of Time Bars on Award Enforcement

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.

Arbitrator’s Duty of Impartiality: Almazeedi And Halliburton

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.

English Court Rejects s.68 Challenge Brought For Breach Of Tribunal’s Duty Of Fairness

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.

Singapore CA Clarifies Decision To Lift Stay Of Proceedings

The Singapore Court of Appeal confirms the decision of first instance court to lift a stay on proceedings but on different grounds.

HK Court Rejects Security For Costs Application Pending Set Aside Hearing

In the context of a pending set aside hearing, the Court considers and rejects an application for security costs, applying the tests in Soleh Boneh International Ltd.

English Court Refuses To Enforce Unchallenged Award

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.

Singapore Court Considers A Negative Jurisdiction Argument And Refuses Set Aside

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.

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Arbitrium Monthly Newsletter No.5

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International Arbitration Newsletter No.2

International Arbitration Newsletter No. 1