SICC Refuses to Set Aside Award on Basis of Relief Granted or Apparent Bias

SICC拒绝就偏见作出裁决
The SICC dismisses an application to set aside an award, finding that the tribunal was justified in granting the cumulative relief that it did, and that there was no apparent bias on the part of an arbitrator who made a belated disclosure about being engaged as co-counsel with the defendant’s legal representative.

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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. Further, 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 and a range of case notes from England in relation to ss. 67, 68 and 69 of the Arbitration Act.

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Arbitrium Newsletter No. 8 – 2 February 2020

This month, Arbitrium brings you a range of cases including, from Singapore, the Court of Appeal’s decision in BXS v BNY (overturning the High Court on the question of the right seat of arbitration), and a High Court decision dealing with the public policy ground of objection and time limits ; a raft of cases from England, including a CA decision concerning the governing law of an arbitration agreement and consideration of no oral modification provisions; and an interesting link to the “Disputes Clause Finder”, an online tool which provides users with tailored dispute resolution clauses.

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CA upholds English Law as Express Choice of Law & Considers Oral Modification provisions

英国法院维持英国法律作为仲裁协议的明确选择
The English CA considers the governing law of an arbitration agreement and whether the respondent became a party to the main agreement and/or the arbitration agreement notwithstanding the presence of No Oral Modification provisions in the main contract.

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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.

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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.

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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.

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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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International Arbitration Newsletter No.6

We are delighted to report that in the space of only a few months, Arbitrium now boasts a subscriber list of nearly 1,800 specialist international arbitration practitioners from around the globe.  Many of these subscribers have also joined the Arbitrium group on LinkedIn.  Thank you to all our readers, our contributors and our sponsors for their support.

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English High Court Grants Anti-Suit Injunction in Insurance Dispute

英国法院在保险纠纷中授予反诉讼禁令
The English High Court considers an insurance policy containing “service of suit” provisions and continues an anti-suit injunction against the defendant on the basis that it was satisfied that the parties had agreed to submit their dispute to London arbitration.

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Singapore Court Clarifies Art.34(3) ML Time Limits & Rejects Natural Justice Objections

新加坡法院澄清了《示范法》第34条第3款规定的时限,并拒绝了自然正义异议
The Singapore court clarifies the applicable time limits under Art.34(3) Model Law and rejects a broad range of natural justice objections as disguised appeals on the merits.

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HK Court Grants Anti-Suit Injunction as Interim Measure

香港法院发出禁制令
The HK High Court grants an anti-suit injunction to restrain court proceedings on the Mainland, confirming that the relief is an “interim measure” within the terms of s.35 and s.45 of the Ordinance (and Article 17 of the Model Law).

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