The Irish High Court provides a useful summary of the authorities dealing with a Court’s de novo review under Art.16(3) of the Model Law following a decision on jurisdiction by a tribunal.
Arbitrium wishes all our readers, subscribers and sponsors the very best for 2020. This month, we welcome two additional sponsors, Hong Kong law firms GPS McQuhae LLP and Yang Chau Law Office and report on several cases dealing with anti-suit injunction applications.Continue Reading
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.
IA practitioners know the importance of the seat of arbitration, and its impact on the conduct of arbitration proceedings and any subsequent court applications to set aside and enforce. A brief recap.
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.
The English Court dismisses an appeal under s.69 of the Act, highlighting the limited circumstances in which parties will be allowed to appeal arbitration awards on a point of law.
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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.
Section 68 of the English Act provides the basis for challenging an arbitration award where there has been a serious irregularity. This is a useful overview of the (only seven) successful challenges brought under the section, highlighting the difficulties in success.
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.
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.Continue Reading
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 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.
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.
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.
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.
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.
A practical overview of third party funding in belt and road disputes in the main arbitral seats together with practical takeaways on what a party should consider when considering third party funding and tips to ensure its use is successful.
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.
In addition to the usual IA updates from around the globe, we highlight two cases, a HK CA decision dealing with a stay application in the context of insolvency proceedings, the other from Singapore refusing an extension of time to bring a setting aside application under Article 34 of the Model Law.Continue Reading
The English High Court enforces a USD$9b award against Nigeria finding that the seat of arbitration was England and that there were no public policy reasons to refuse enforcement.Continue Reading
The English High Court finds that an arbitration agreement continues to apply to a claim for the payment agreed as a settlement arising in the underlying contract.Continue Reading
Norton Rose Fulbright observe that most major institutional arbitral rules provide avenues for interim relief via emergency arbitrators, expedited arbitral appointment or expedited proceedings and question whether it is still worth looking to the courts for interim relief in construction arbitrations.Continue Reading
In Cape Intermediate Holdings v Dring, the English Supreme Court confirmed the extent of a non-party’s right to obtain documents used in court proceedings, and the principles to be applied when such a request is made.Continue Reading
This month, a series of cases from Malaysia dealing with injunctions, including to restrain the calling of performance bonds and the grant of an anti-arbitration injunction, as well as a review of the Rakna decision from Singapore, concerning the effects to enforcement of non-participation in the arbitration proceedings.Continue Reading
Clyde & Co review recent English case law in relation to legal professional privilege (litigation …Continue Reading
CMS review the decision in Pakistan v Broadsheet LLC  EWHC 1832 (Comm), where the …Continue Reading
The English Court of Appeal confirms the power of English courts to restrain a foreign arbitration on grounds that the foreign arbitration is oppressive and vexatious and provides guidance on the exceptional circumstances in which English courts may exercise this power.Continue Reading
White & Case review the English High Court’s decision in PJSC Tatneft v Bogolyubov  …Continue Reading
The English Court rejects a challenge under s.68 of the English Act, and provides useful guidance on the test for determining whether a tribunal’s decision qualifies as an award for the purpose of a s.68 challenge.Continue Reading
An interesting array of legal developments this month including the Hong Kong court’s refusal to grant a stay to arbitration under Article 8 ML, and a range of enforcement-related cases from Hong Kong, Singapore and England.Continue Reading
Phillip Rompotis reviews the mid-May 2019 decision in P v D and others  EWHC …Continue Reading