Arbitrium Newsletter No. 9 – 4 March 2020

This month, Arbitrium features a post published in relation to the legal impact of the coronavirus outbreak, highlighting the key issues for businesses.  We hope that everyone is staying safe.

Aside from an interesting decision from the Malaysian High Court – which considered the test for an application to subpoena a witness to produce documents for the purpose of an arbitration and give evidence in arbitration proceedings – all of the other posts come from England, including an application to set aside an award under s.67 of the Act on the ground that there was no arbitration agreement between the parties, two surveys – International Arbitration in Construction, and recent s.68 and s.69 cases – and an important ruling that the Court does not have the power to compel a witness to give evidence in a New York-seated arbitration.

The Legal Impacts of the Coronavirus Outbreak

Posted on February 15th, 2020 by Phillip Rompotis

冠状病毒爆发的法律影响
A number of law firms have published articles dealing with the legal impacts of the coronavirus outbreak. This post brings a few of them together, highlighting the key issues for businesses.




ENGLAND



Survey of International Arbitration in Construction Disputes

Posted on February 4th, 2020 by Phillip Rompotis

国际仲裁与建设
Pinsent Masons publish their 2019 International Arbitration in Construction survey; an in-depth analysis that should assist clients and practitioners in evaluating what steps might be taken to optimise the arbitral process with a view to resolving disputes more efficiently.


English Court Dismisses s.67 Jurisdiction Challenge to Award

Posted on February 6th, 2020 by Phillip Rompotis

仲裁与管辖权
The English High Court deals with an application to set aside an award under s.67 of the Act on the ground that there was no arbitration agreement between the parties.


Disclosure Requirement Upon Change of Expert

Posted on February 14th, 2020 by Phillip Rompotis

公开专家证据
The English High Court confirms the default position of requiring disclosure of a first expert’s report or draft report where a party seeks to change experts without good explanation.


English Report Shows Decline in s.68 and s.69 Applications

Posted on February 14th, 2020 by Phillip Rompotis

第68和69条的申请下降
A recent report from the UK judiciary indicates a reduction in applications brought under s.68 (challenge to award on the ground of serious procedural irregularity) and under s68 (appeals on a point of law).


Non-Party Cannot be Compelled to Give Evidence

Posted on February 19th, 2020 by Phillip Rompotis

无法强迫证人作证
The English Court rules that it does not have the power to compel a witness to give evidence in a New York-seated arbitration because he was not a party to the underlying arbitral agreement.


English Court Refuses Stay Under Escrow Agreement

Posted on February 21st, 2020 by Phillip Rompotis

英国法院拒绝中止仲裁
The English High Court refuses a stay to arbitration in circumstances where an escrow agreement contains an arbitration agreement.


English CA Holds Non Signatory Entitled to Enforce Arbitration Agreement on Agency Principles

Posted on February 28th, 2020 by Phillip Rompotis

非签署人可以执行仲裁协议
The English CA allows a party who did not sign an agreement to enforce the right to arbitrate on the basis that an agent had entered into the agreement on the non-signing party’s behalf.




MALAYSIA



Subpoenas in Aid of Arbitration Proceedings

Posted on February 8th, 2020 by Phillip Rompotis

仲裁程序中的传票
The Malaysian High Court considers the test for an application to subpoena a witness to produce documents for the purpose of an arbitration and give evidence in arbitration proceedings.


 

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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