International Arbitration Newsletter No.4

This month, in addition to the usual IA 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.

Courts around the world have adopted a range of approaches including incorporation by reference, assumption, agency, veil-piercing/alter-ego and estoppel.  The issue is an important one as transactions frequently involve performance by parties that are not actual signatories to the contract in issue, including sureties, sub-contractors, lenders, and third-party beneficiaries.

This post considers Reinhart, a recent Australian High Court decision, and refers to various other judgments from around the world that have considered the impact of non-signatories in arbitration.

非仲裁方-主张“直通”或“直通”的观点

Non-Parties to Arbitration - The View On Claiming "Through Or Under"

Posted on September 3rd, 2019 by Phillip Rompotis

非仲裁方–主张“直通”或“直通”的观点
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.




Hong Kong / China



香港法院拒绝就隧道纠纷提出严重不当上诉理由

HK Court Rejects Serious Irregularity Ground Of Appeal In Tunnel Dispute

Posted on September 4th, 2019 by Phillip Rompotis

香港法院拒绝就隧道纠纷提起上诉
The HK Court dismisses an application for setting aside and remission of awards on the grounds of serious irregularity and alleged failure to present case, with a helpful restatement of the applicable legal principles.



仲裁与破产之间的关系-香港法院认为

Arbitration And Winding Up – Lasmos & But Ka Chon Considered by HK Court

Posted on September 11th, 2019 by Phillip Rompotis

仲裁和破产程序
Golden Oasis is the latest in a series of cases (Lasmos, But Ka Chon) dealing with the interplay between insolvency proceedings and arbitration. While the Court agreed with parts of Lasmos, it dismissed the stay to arbitration application as no relevant arbitration clause existed.



中国仲裁争议的第三方资助

Third Party Funding Of Belt & Road Disputes

Posted on September 13th, 2019 by Phillip Rompotis

第三方争议资金
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.



仲裁裁决的挑战更新

Update On Challenges to Arbitration Awards

Posted on September 17th, 2019 by Phillip Rompotis

关于仲裁裁决挑战的最新信息
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.




Singapore



新加坡法院拒绝申请撤销裁决

Singapore Court Rejects Application To Set Aside Award

Posted on September 5th, 2019 by Phillip Rompotis

新加坡法院驳回撤销仲裁裁决的申请
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.



《示范法》第16条第3款规定的30天期限不能延长

30-Day Time Limit Under Article 16(3) Of Model Law Cannot Be Extended

Posted on September 24th, 2019 by Phillip Rompotis

《示范法》第16条第3款规定的30天期限不能延长
The court in BXS held that the time for making an application to set aside under Article 34(3) could not be extended. One month later, in BXY, the SICC reaches the same conclusion in respect of Article 16(3) of the Model Law.




England / Europe



英国法院暂缓执行裁决程序和命令的安全性

English Court Stays Award Enforcement Proceedings And Orders Security

Posted on September 5th, 2019 by Phillip Rompotis

英国法院暂缓执行仲裁裁决和命令安全
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.




India



印度高等法院执行裁决并指示支付押金

India High Court Enforces Award And Directs Payment Of Deposit

Posted on September 14th, 2019 by Phillip Rompotis

印度高等法院执行裁决并指示支付押金
Enforcement of SIAC awards challenged on a number of grounds, including jurisdiction and breach of natural justice, rejected by the Delhi High Court who orders the judgment debtor to deposit the underlying sum.




Australia



非仲裁方-主张“直通”或“直通”的观点

Non-Parties to Arbitration - The View On Claiming "Through Or Under"

Posted on September 3rd, 2019 by Phillip Rompotis

非仲裁方–主张“直通”或“直通”的观点
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.




Cayman Islands



开曼群岛国际仲裁动态

Cayman Islands International Arbitration Developments

Posted on September 5th, 2019 by Phillip Rompotis

开曼群岛国际仲裁动态
A number of recent decisions from the courts in the Cayman Islands affirm the judiciary's experience in dealing with arbitration-related disputes.




United States of America



美国法院拒绝执行在仲裁所在地的裁决

US Court Refuses To Enforce Award Set Aside At The Seat Of Arbitration

Posted on September 9th, 2019 by Phillip Rompotis

美国法院拒绝执行裁决
A US court finds that a final judgment setting aside an award at the seat is generally conclusive, that the public policy exception is narrow and infrequently met, thereby refusing to enforce an award set aside in Nigeria.




View Previous Newsletters

以前的新闻通讯



Arbitrium Monthly Newsletter No.5

Posted on November 1st, 2019 by Phillip Rompotis

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

Posted on October 1st, 2019 by Phillip Rompotis

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

Posted on September 1st, 2019 by Phillip Rompotis

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

Posted on August 6th, 2019 by Phillip Rompotis

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

Posted on July 2nd, 2019 by Phillip Rompotis

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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