International Arbitration Newsletter No.3



This month, in addition to the usual IA updates from around the globe, we highlight two cases, one from the Hong Kong Court of Appeal dealing with a stay to arbitration application in the context of insolvency proceedings which questions the approach in the Lasmos case, the other from Singapore dealing with an issue that arises regularly in practice – whether a court can extend time to bring a setting aside application under Article 34 of the Model Law.

HK CA Considers Insolvency Proceedings And Arbitration

Posted on August 8th, 2019 by Phillip Rompotis

In But Ka Chon, the CA suggested that the approach in Lasmos - that a petition to wind up a company should generally be dismissed where the contract contains an arbitration clause - propounded an overly one-sided approach to the discretion to set aside a statutory demand.


Singapore Court Holds Set Aside Time Under Model Law Cannot Be Extended

Posted on August 7th, 2019 by Phillip Rompotis

In an important decision, a Singapore court finds that the time to bring a setting aside application under Article 34(3) of the Model Law cannot be extended.




Hong Kong / China



HK Court Sets Aside Judgment And Refers Matter to Arbitration

Posted on August 8th, 2019 by Phillip Rompotis

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.



HK Court Finds Arbitration Clause In Head Contract Not Incorporated Into Sub-Contract

Posted on August 10th, 2019 by Phillip Rompotis

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.



Anti-Suit Injunction Where Insurance Policy Contains Arbitration Clause

Posted on August 28th, 2019 by Phillip Rompotis

The HK High Court grants an anti-suit injunction, holding that a party cannot pursue a claim under an insurance policy without also being bound by the dispute resolution provisions in the policy.



HK Court Sets Aside Second Award Following Remission To Tribunal

Posted on August 29th, 2019 by Phillip Rompotis

The HK High Court sets aside an award remitted to the tribunal following an initial challenge, stating that the defects resulting in the remission had not been cured by the route taken by the Arbitrator.




England / Europe



Supreme Court Guidance On Document Access To Non-Parties

Posted on August 7th, 2019 by Phillip Rompotis

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.



Interim Relief In Construction Arbitration

Posted on August 8th, 2019 by Phillip Rompotis

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.



Stockholm Chamber Practice Note On Arbitrator Challenges

Posted on August 15th, 2019 by Phillip Rompotis

The SCC issued a report in August reviewing decisions by the SCC Board concerning challenges to arbitrators during 2016-2018, finding that 8 out of 46 challenges succeeded.



Arbitration Agreement Applies To Settlement Agreement

Posted on August 23rd, 2019 by Phillip Rompotis

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.



English Court Enforces US$9b Award Against The Republic Of Nigeria

Posted on August 30th, 2019 by Phillip Rompotis

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.




Malaysia



Malaysia Court Considers Illegal Underlying Contract And Public Policy

Posted on August 12th, 2019 by Phillip Rompotis

Herbert Smith Freehills review a Malaysian decision where a contractor unsuccessfully sought to set aside an award on the basis that the underlying contract was illegal and hence in breach of Malaysia's public policy.




Australia



Stay On Basis Arbitration Agreement "Incapable Of Being Performed" Fails

Posted on August 13th, 2019 by Phillip Rompotis

Phillip Rompotis reviews an Australian decision to stay proceedings to arbitration, rejecting an argument that the arbitration agreement was "incapable of being performed".



Australian High Court Finds Legal Professional Privilege A Shield Not A Sword

Posted on August 18th, 2019 by Phillip Rompotis

The High Court rules on Glencore's application for an injunction to restrain the use of privileged documents that the tax authorities became aware of via the "Paradise Papers" leak.




View Previous Newsletters:

Arbitrium Monthly Newsletter No.5

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.


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.


International Arbitration Newsletter No.3

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.


International Arbitration Newsletter No.2

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.


International Arbitration Newsletter No. 1

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.


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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