Arbitrium Monthly Newsletter No.5



HONG KONG / CHINA



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

Posted on October 30th, 2019 by Phillip Rompotis

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.


HK Court Rejects Security For Costs Application Pending Set Aside Hearing

Posted on October 23rd, 2019 by Phillip Rompotis

法院拒绝等待审理费用申请的担保
In the context of a pending set aside hearing, the Court considers and rejects an application for security costs, applying the tests in Soleh Boneh International Ltd.


HK Court Refuses to Set Aside/Remit Award

Posted on October 13th, 2019 by Phillip Rompotis

香港法院拒绝搁置仲裁裁决
The Court refuses to set aside or remit an arbitration award arising out of a project in Macau, rejecting arguments that the employer was unable to present its case or that the tribunal failed to deal with all the issues.


Arrangement Concerning Interim Measures Between HK and China Effective And Used

Posted on October 11th, 2019 by Phillip Rompotis

关于香港与中国之间临时措施的有效安排
The Arrangement concerning Mutual Assistance for interim measures, empowering Chinese courts to order interim measures in support of HK-seated arbitrations came into effect on 1 October and has already been used.




ENGLAND



Arbitrator's Duty of Impartiality: Almazeedi And Halliburton

Posted on October 29th, 2019 by Phillip Rompotis

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.


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

Posted on October 28th, 2019 by Phillip Rompotis

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.


English Court Refuses To Enforce Unchallenged Award

Posted on October 20th, 2019 by Phillip Rompotis

英法院拒绝执行无可争议的裁决
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.


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

Posted on October 16th, 2019 by Phillip Rompotis

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.


Arbitrator Erred in Referring To Without Prejudice Comms When Deciding Costs

Posted on October 3rd, 2019 by Phillip Rompotis

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.


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

Posted on October 2nd, 2019 by Phillip Rompotis

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.




SINGAPORE / MALAYSIA



Singapore CA Clarifies Decision To Lift Stay Of Proceedings

Posted on October 24th, 2019 by Phillip Rompotis

新加坡法院澄清撤销诉讼程序的决定
The Singapore Court of Appeal confirms the decision of first instance court to lift a stay on proceedings but on different grounds.


Singapore Court Considers A Negative Jurisdiction Argument And Refuses Set Aside

Posted on October 17th, 2019 by Phillip Rompotis

法院考虑否定管辖权的决定并拒绝搁置
The High Court deals with an argument that a partial award constitutes a negative jurisdiction decision and various arguments that the award should be set aside under Article 34(2) of the Model Law.


Malaysian Court Allows Enquiry Into Injunction Damages Pending Arbitration

Posted on October 8th, 2019 by Phillip Rompotis

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.


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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