Arbitrium Newsletter No. 11 – 1 September 2020


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

Posted on August 21st, 2020 by Phillip Rompotis

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

Posted on August 19th, 2020 by Phillip Rompotis

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.

English Court Upholds Point of Law Appeal Under s.69

Posted on July 15th, 2020 by Phillip Rompotis

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

Posted on June 24th, 2020 by Phillip Rompotis

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.

English Court Grants Anti-Suit Injunction

Posted on May 10th, 2020 by Phillip Rompotis

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

Posted on April 15th, 2020 by Phillip Rompotis

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.

Hong Kong

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

Posted on August 28th, 2020 by Phillip Rompotis

The HKIAC publishes an update on the Arrangement concerning Mutual Assistance for interim measures between Hong Kong and the Mainland, highlighting its continued success.

HK High Court Grants Hadkinson Order and Stays Enforcement Proceedings

Posted on May 29th, 2020 by Phillip Rompotis

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.


Singapore Court Refuses Set Aside Under Article 34 Model Law

Posted on July 26th, 2020 by Phillip Rompotis

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

Posted on July 23rd, 2020 by Phillip Rompotis

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.

Singapore CA Considers Arbitration and Insolvency Proceedings Interplay

Posted on April 8th, 2020 by Phillip Rompotis

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.

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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