May 2021 bring love, joy, health, peace and prosperity to all of our readers, their families and friends.
The past few months has seen important developments in international arbitration jurisprudence. Of particular note are two decisions from the English Supreme Court; Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb – which sought to introduce a measure of certainty in an area of the law which has long been unclear, tackling the question of how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the seat of the arbitration; and the much anticipated Halliburton Company v Chubb Bermuda Insurance Ltd, where the Supreme Court considered the approach under English law to arbitrators’ duties of disclosure and impartiality and whether an arbitrator’s failure to disclose appointments in multiple arbitrations with overlapping subject-matters and with only one common party would give rise to justifiable doubts of his impartiality.
We are pleased to have Kevin Warburton and Samantha Chan, from Tanner de Witt, one of Arbitrium’s sponsors, offer their thoughts on the Halliburton v Chubb case. Many thanks to Kevin and Samantha for taking the time to share their thoughts on a case that has and will no doubt continue to give rise to commentary within international arbitration circles.
Arbitrator's Duty of Disclosure
Posted on December 26th, 2020 by Phillip RompotisIn addition, we report on a number of other cases from England, Hong Kong and Singapore, including two cases dealing with time extensions in the context of set aside applications, an area which has seen a number of important decisions in recent times.
Hong Kong
Proposed Outcome-Related Fees Proposed for Hong Kong Arbitrations
Posted on December 17th, 2020 by Phillip RompotisHK Court Refuses to Extend Time to Set Aside Award
Posted on November 15th, 2020 by Phillip RompotisArbitration and Insolvency
Posted on November 1st, 2020 by Phillip RompotisHK Court Guidance on Slip Rule and Additional Awards
Posted on September 15th, 2020 by Phillip RompotisSingapore
Singapore HC Considers Exclusive Jurisdiction and Arbitration Clauses
Posted on November 20th, 2020 by Phillip RompotisSingapore CA Confirms Party Time-Barred From Challenging Award
Posted on November 10th, 2020 by Phillip RompotisSingapore CA Refuses to Set Aside Award on Public Policy Ground
Posted on October 28th, 2020 by Phillip RompotisEngland
Proper Law of the Arbitration Agreement
Posted on October 12th, 2020 by Phillip Rompotis
仲裁协议的适当法律
The English Supreme Court introduces a measure of certainty in an area of the law which has long been unclear, tackling the question of how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration.
Strict Time Limit No Barrier Where Prima Facie Fraud
Posted on September 20th, 2020 by Phillip RompotisMiscellaneous
New ICC Arbitration Rules 2021
Posted on December 29th, 2020 by Phillip Rompotis
新的ICC仲裁规则
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.