Latest International Arbitration News

View All Posts

Arbitrium Newsletter No. 11 – 1 September 2020

This month, Arbitrium contains a host of articles from Hong Kong, Singapore and England, including an important decision from the English Court of Appeal clarifying an issue that has vexed courts for some time – the relative weight to be given to the law of the seat and the law of the main contract, where they differ, in determining the proper law of the arbitration agreement.

Continued Success of the Hong Kong/Mainland Arrangement Concerning Interim Measures

临时措施安排的持续成功
The HKIAC publishes an update on the Arrangement concerning Mutual Assistance for interim measures between Hong Kong and the Mainland, highlighting its continued success.

English High Court Reviews Principles Applicable to s.68 Serious Irregularity Challenges

英国法院对严重不规则原则的审查
The English High Court dismissed a serious irregularity challenge under s.68 of the Act, reviewing the applicable legal principles, emphasising that s.68 should not be used to attack an arbitrator’s findings of fact and evaluation of evidence.

Updated LCIA Arbitration & Mediation Rules in Force on 1 October 2020

更新的LCIA仲裁与调解规则
The LCIA has updated its rules, designed to “make the arbitral and mediation processes even more streamlined and clear for arbitrators, mediators and parties alike.” The Rules take effect on 1st October 2020.

Singapore Court Refuses Set Aside Under Article 34 Model Law

新加坡法院拒绝申请撤销裁决
The High Court of Singapore refuses to set aside an award on the basis that the Tribunal lacked jurisdiction or by reason of a breach of natural justice and reviews the applicable legal principles under Article 34 of the Model Law.

Singapore Court Reviews Natural Justice and Public Policy Principles

新加坡法院审查自然正义与公共政策原则
In considering a challenge to a domestic international award arising out of the sale and purchase of vessels, the Singapore High Court reviews the applicable principles of breach of natural justice and public policy.

English Court Upholds Point of Law Appeal Under s.69

英格兰法院维持法律上诉点
Appeals under s.69 of the English Arbitration Act rarely succeed, but in a recent case, the English Court allowed an appeal, helpfully setting out the “guiding principles of fundamental importance” when considering s.69 applications.

English CA Provides Clear Guidance on Law Governing Arbitration Agreements

英国法院仲裁协议法律指导
In an important decision the English Court of Appeal clarifies an issue that has vexed courts for some time – the relative weight to be given to the law of the seat and the law of the main contract, where they differ, in determining the proper law of the arbitration agreement.

HK High Court Grants Hadkinson Order and Stays Enforcement Proceedings

香港法院批给令及暂缓执行
The HK High Court grants a Hadkinsons order and stays proceedings to set aside orders enforcing CIETAC awards (pending set aside proceedings in the PRC) on condition that the respondents pay 40% of the award sums into court.

English Court Grants Anti-Suit Injunction

英格兰法院授予反诉讼禁令
The English Court finds that an arbitration agreement was effectively incorporated by reference and grants and anti-suit injunction to cease court proceedings in Bangladesh.

Interim Injunction Extended For Breach of Duty of Loyalty

扩大对违反忠实义务的临时禁令
The English High Court continues an interim injunction to restrain the defendants from acting as experts by reason of the defendants having acted for the claimant in a separate arbitration relating to the same project.

Singapore CA Considers Arbitration and Insolvency Proceedings Interplay

新加坡审议仲裁和破产程序
The interplay between arbitration and winding up proceedings continues to attract judicial attention, with a recent decision from Singapore’s highest court affirming the prima facie test, meaning that a debtor need only show that there is a dispute subject to an arbitration agreement.

View Recent Newsletters

View All

Arbitrium Newsletter No. 9 – 4 March 2020

Arbitrium Newsletter No. 8 – 2 February 2020

International Arbitration Newsletter No.6

Arbitrium Monthly Newsletter No.5