English Court Overturns Award For Lack Of Jurisdiction Because Company Dissolved

English Court Overturns Award For Lack Of Jurisdiction Because Company Dissolved

Herbert Smith Freehills reviews the 2019 decision from the English Commercial Court in GA-Hyun Chung v Silver Dry Bulk Co Ltd [2019] EWHC 1147 (Comm), where a challenge to an award was brought under section 67 of the Arbitration Act on the basis that the arbitration was a nullity due to the party having been dissolved eight months prior to the filing of the notice of arbitration.  The Court overturned the arbitral award, finding that an arbitral tribunal lacked substantive jurisdiction.  The authors observe that the decision highlights the importance of effective due diligence regarding the status of a proposed respondent when commencing arbitration, particularly where insolvency or winding up processes have been commenced in another jurisdiction. …READ MORE

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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 Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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