Arbitrium International Arbitration News

非法与公共政策
The Privy Council of England considers contract illegality and public policy as a ground to set aside an arbitration award, setting out the extent of permissible court intervention where illegality of contract has been determined by an arbitral tribunal.

谈判义务属于可受理性而非管辖权
The HK Court confirms that an obligation to negotiate prior to commencement of arbitration proceedings goes to the admissibility of a claim, not to the jurisdiction of the tribunal.

香港法院拒绝撤销执行中国裁决的命令
The HK Court refuses to set aside an order enforcing a PRC award on the basis that it was contrary to public policy or that certain orders made by the tribunal were outside the scope of the arbitration agreement between the parties.

国际仲裁通讯
A range of cases from the region in this newsletter, highlighting that while the set aside remedy is relatively rare, courts will not hesitate to set aside an award where the award debtor can clearly demonstrate a statutory ground and the court considers the set aside justified.

更新财务仲裁中出现的常见问题
Tanner De Witt, one of Arbitrium’s proud sponsors, provides an update of common issues arising in financial arbitration proceedings, dealing with asymmetric arbitration clauses, multiple contracts incorporating multiple arbitration agreements and arbitrating against non-parties.

英属维尔京群岛的国际仲裁概述
Harneys, one of Arbitrium’s proud sponsors, provides a useful overview of some of the key points of international arbitration in the British Virgin Islands.

没有根据自然正义或管辖权理由撤销裁决的依据
The Singapore Court of Appeal finds no basis to set aside an award on the grounds of excess of jurisdiction and/or breach of natural justice, and refuses to adopt the Hong Kong position of an award of indemnity costs against the unsuccessful party.

澳大利亚法院支持自由裁量权仲裁条款
An Australian court finds that an arbitration clause providing that “disputes or differences arising between the Parties” merited a liberal construction, and encompassed claims for relief based on estoppel by convention or statutory unconscionable conduct under the Australian Consumer Law.