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.
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.
The HK High Court refuses leave to appeal an award under the Schedule to the Ordinance, finding that the Arbitrator was “not obviously wrong”.
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.
Albert Monichino QC deals with the Australian approach to the ability of third parties to claim ‘through or under’ an arbitration agreement, concluding that the dissenting approach in Reinhart, which respects privity of contract, is to be preferred.
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
Phillip Rompotis reviews an Australian decision to stay proceedings to arbitration, rejecting an argument that the arbitration agreement was “incapable of being performed”.Continue Reading
The HK High Court finds that an arbitration clause in a head contract was not incorporated into a sub-contract, and sets out the relevant principles under Articles 7 & 8 of the Model Law.Continue Reading
The HK High Court sets out the principles to be adopted on applications to set aside court judgments and refer matters to arbitration, and the salient principles of contract interpretation.Continue Reading
Baker McKenzie review the Hong Kong High Court’s decision in Dickson Valora Group (Holdings) Co …Continue Reading
Morrison Foerster review the 1 July 2019 decision from the Singapore High Court in BNA …Continue Reading
Corrs Chambers Westgarth review the West Australian Supreme Court’s decision in KC Australia LNG Pty …Continue Reading
Albert Monichino QC reviews the recent Australian High Court decision in Rinehart v Hancock Prospecting …Continue Reading
DLA Piper reviews the decisions in Deutsche Bank AG v Comune di Savona  EWCA …Continue Reading
Herbert Smith Freehills review the English Commercial Court’s decision in Reliance Industries Limited & Ors …Continue Reading
Herbert Smith Freehills review the 2017 decision of the Singapore High Court in BMO v …Continue Reading
RPC review the English Court of Appeal’s 2017 decision in Irish Bank Resolution Corp Ltd …Continue Reading
Herbert Smith Freehills review the Singapore High Court’s 2017 decision in K.V.C Rice Intertrade Co …Continue Reading