Arbitrium Newsletter No. 10 – 1 April 2020

This month, Arbitrium features an update in relation to the legal impact of the coronavirus outbreak, bringing together posts from a range of law firms at the forefront of advising commercial parties, and a range of cases from England, Hong Kong and Singapore. 


English CA Holds it can Compel Witness Evidence in Aid of Foreign Arbitrations

Posted on March 24th, 2020 by Phillip Rompotis

The English CA overturns the first instance court, holding that English Courts do have jurisdiction under s.44(2)(a) of the Arbitration Act 1996 to grant orders for taking evidence from non-party witnesses in aid of foreign arbitrations.


Incorporation of Arbitration Agreements by Reference – Special Rules for Bills of Lading

Posted on March 8th, 2020 by Phillip Rompotis

The HK Court denies an application for a stay of proceedings to arbitration in a case concerning bills of lading. Nick Luxton, Counsel, appeared for the successful Plaintiff, and provides a review of the decision.

HK Refuses Set Aside and Rejects Public Policy Argument

Posted on March 10th, 2020 by Phillip Rompotis

The HK Court dismisses an application to set aside an arbitral award, rejecting claims that the agreement was a sham and that enforcement of the award would be contrary to public policy. Edward Chin, Pupil Barrister, reviews the case.

HK Court Analyses the Salford-Lasmos Approach

Posted on March 14th, 2020 by Phillip Rompotis

In the latest decision from the HK High Court to consider the interplay between arbitration and winding-up proceedings, Lavesh Kirpalani, Counsel at Prince's Chambers, reviews the decision in Re Asia Master Logistics, where he appeared for the successful petitioner.

Enforcement of Awards Between Hong Kong and Mainland China

Posted on March 20th, 2020 by Phillip Rompotis

Tanner De Witt, one of Arbitrium's sponsors, outlines the operation of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR.


SICC Refuses to Set Aside Award on Basis of Relief Granted or Apparent Bias

Posted on March 11th, 2020 by Phillip Rompotis

The SICC dismisses an application to set aside an award, finding that the tribunal was justified in granting the cumulative relief that it did, and that there was no apparent bias on the part of an arbitrator who made a belated disclosure about being engaged as co-counsel with the defendant’s legal representative.

Singapore CA Refuses to Set Aside Award on Grounds of Breach of Natural Justice

Posted on March 16th, 2020 by Phillip Rompotis

The Singapore Court of Appeal declines to set aside an award on the grounds of breach of natural justice in proceedings arising out of the termination of a construction contract.


International Arbitration and Precedent-Based Legal Systems

Posted on March 6th, 2020 by Phillip Rompotis

The debate concerning the extent to which international arbitration poses a threat to precedent-based legal systems continues.

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.


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