Arbitrium International Arbitration News

This judgment deals primarily with the impact of an exclusive jurisdiction clause in the context of winding up proceedings, but also provides an inkling of how an arbitration agreement may be dealt with in the same context, and considers the extent to which the “bona fide dispute on substantial grounds” general test is being nudged aside in favour of upholding the primacy of an arbitration agreement.

Whether a Tribunal has adequately dealt with the issues put to it, and the effect of any failure to do so, often arises in set aside applications. In yet another decision from Hong Kong refusing to set aside an award, the High Court outlines the relevant authorities in some detail.

The Singapore CA set aside part of an Award dealing with damages. This note deals generally with the main grounds of appeal raised before the CA, focussing on the decision in respect of damages as it gives rise to potentially problematic issues when preparing damages claims.

A useful 2-part series dealing with expert evidence from the team at PwC China/Hong Kong.

在俄罗斯的外国仲裁机构
Georgiou Payne Stewien LLP, one of Arbitrium’s sponsors, reviews the current state of recognition granted to foreign arbitration institutions in Russia, including the HKIAC, ICC and SIAC.

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.