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.
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This month, Arbitrium features a post published in relation to the legal impact of the coronavirus outbreak, highlighting the key issues for businesses. Further, an interesting decision from the Malaysian High Court which considered the test for an application to subpoena a witness to produce documents for the purpose of an arbitration and give evidence in arbitration proceedings and a range of case notes from England in relation to ss. 67, 68 and 69 of the Arbitration Act.
This month, Arbitrium brings you a range of cases including, from Singapore, the Court of Appeal’s decision in BXS v BNY (overturning the High Court on the question of the right seat of arbitration), and a High Court decision dealing with the public policy ground of objection and time limits ; a raft of cases from England, including a CA decision concerning the governing law of an arbitration agreement and consideration of no oral modification provisions; and an interesting link to the “Disputes Clause Finder”, an online tool which provides users with tailored dispute resolution clauses.
We are delighted to report that in the space of only a few months, Arbitrium now boasts a subscriber list of nearly 1,800 specialist international arbitration practitioners from around the globe. Many of these subscribers have also joined the Arbitrium group on LinkedIn. Thank you to all our readers, our contributors and our sponsors for their support.
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.
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.