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

法院确认时限对执法的影响
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.

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Arbitrator’s Duty of Impartiality: Almazeedi And Halliburton

仲裁员的公正义务
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.

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

英国高等法院拒绝第68条对违反法庭职责的挑战
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.

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English Court Considers Applications In Set Aside Matter Where Party In Administration

英国法院考虑债务人管理的申请
The English High Court deals with various interlocutory applications in a forthcoming challenge to an arbitration award, including payment of security and a stay of enforcement.

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Malaysian Court Allows Enquiry Into Injunction Damages Pending Arbitration

马来西亚法院允许对仲裁裁决进行调查,以待仲裁
The Malaysian High Court considers whether an inquiry of damages arising out of an undertaking by an applicant to pay damages for an injunction wrongly granted by a court in support of arbitration proceedings should await the outcome of a pending arbitration between the parties.

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Arbitrator Erred in Referring To Without Prejudice Comms When Deciding Costs

仲裁员在决定成本时参考无偏见通信时犯了错误
The English Court finds that an arbitrator cannot consider WP communications when deciding costs issues but could take into account “impliedly without prejudice” communications created as part of an attempt at compromise.

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English Court Refuses To Set Aside Due to Tribunal’s Refusal to Admit Expert Report

由于法庭拒绝接受专家报告,英国法院拒绝搁置
The English Court refuses to set aside and remit an award stating that s.68 is concerned solely with due process and represents an exhaustive list of what constitutes “serious irregularity” under the Act.

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International Arbitration Newsletter No.4

国际仲裁通讯第4号
This month, in addition to the usual International Arbitration updates from around the globe, we highlight an issue which arises regularly and continues to vex courts around the world – the extent to which third parties/non-signatories may rely on or be bound by an arbitration agreement.

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30-Day Time Limit Under Article 16(3) Of Model Law Cannot Be Extended

《示范法》第16条第3款规定的30天期限不能延长
The court in BXS held that the time for making an application to set aside under Article 34(3) could not be extended. One month later, in BXY, the SICC reaches the same conclusion in respect of Article 16(3) of the Model Law.

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Update On Challenges to Arbitration Awards

关于仲裁裁决挑战的最新信息
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.

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Arbitration And Winding Up – Lasmos & But Ka Chon Considered by HK Court

仲裁和破产程序
Golden Oasis is the latest in a series of cases (Lasmos, But Ka Chon) dealing with the interplay between insolvency proceedings and arbitration. While the Court agreed with parts of Lasmos, it dismissed the stay to arbitration application as no relevant arbitration clause existed.

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Singapore Court Rejects Application To Set Aside Award

新加坡法院驳回撤销仲裁裁决的申请
The Singapore High Court dismisses an application to set aside an arbitration award under A.34 of the Model Law, finding that the tribunal had jurisdiction and that its composition was in accordance with the parties’ agreement.

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English Court Stays Award Enforcement Proceedings And Orders Security

英国法院暂缓执行仲裁裁决和命令安全
The English High Court stays enforcement proceedings in England under s.103(5) of the Arbitration Act in favour of pending set aside proceedings and orders the party resisting enforcement to provide security for the award.

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