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Implied Consent? Swiss Court Finds Non-Signatory Could Not be Joined

Swiss Court finds that while a subcontractor was demonstrably involved in the performance of a main contract, it was insufficient to constitute implied consent to be bound by the arbitration agreement.

English CA Holds No Fiduciary Relationship Between Expert and Client

The English CA overturns the first instance judgment, holding that there was no fiduciary relationship between a construction expert and their client.

Arbitrium Newsletter No. 12 – 1 January 2021

In the first Newsletter for 2021, we report on two important English Supreme Court decisions – Enka Insaat and Halliburton, and a number of other decisions from England, Hong Kong and Singapore.

New ICC Arbitration Rules 2021

Ahead of the entry into force of the 2021 ICC Arbitration Rules, the International Court of Arbitration of the International Chamber of Commerce has released updates to its Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration, effective 1 January 2021.

Arbitrator’s Duty of Disclosure

Tanner De Witt provide a summary of Halliburton v Chubb, where the English Supreme Court considered issues of bias and disclosure.

Proposed Outcome-Related Fees Proposed for Hong Kong Arbitrations

On 17 December 2020, the Hong Kong Law Reform Commission published a consultation paper proposing lawyers could use outcome related fee structures for arbitration.

Singapore HC Considers Exclusive Jurisdiction and Arbitration Clauses

The Singapore HC considers whether the arbitration clause or the jurisdiction clause applied to the dispute, finding that the parties’ intention was for the jurisdiction clause to carve out certain disputes from the arbitration clause.

HK Court Refuses to Extend Time to Set Aside Award

In a dispute arising out of a transfer agreement, the HK Court refused to extend time to apply to set aside an award, finding that the Applicants failed to give any explanation for their delay in making the application.

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