Arbitrium Newsletter No. 13 – 1 June 2021

The past few months have seen a number of courts in Hong Kong and Singapore set aside arbitration awards, highlighting that while the set aside remedy is relatively rare, courts will not hesitate to set aside an award where the award debtor can clearly demonstrate a statutory ground and the court considers the set aside justified.  We also highlight two articles by our sponsors, the first from Tanner De Witt dealing with asymmetric clauses and multiple clauses; the second by Harneys, providing a useful overview of some of the key issues arising in BVI arbitration.



Hong Kong



Asymmetric Clauses, Multiple-Contracts and Arbitrating Against Non-Parties

Posted on May 20th, 2021 by Phillip Rompotis

更新财务仲裁中出现的常见问题
Tanner De Witt, one of Arbitrium’s proud sponsors, provides an update of common issues arising in financial arbitration proceedings, dealing with asymmetric arbitration clauses, multiple contracts incorporating multiple arbitration agreements and arbitrating against non-parties.


Hong Kong Court Finds Third Party Bound by Arbitration Agreement

Posted on March 5th, 2021 by Phillip Rompotis

香港法院中止诉讼
The Hong Kong High Court stays third party proceedings on the basis that the parties were bound by the arbitration clause contained in the insurance policy, reinforcing the principle of party autonomy.


Wrongful Identification of Party Leads to Setting Aside in Hong Kong

Posted on February 28th, 2021 by Phillip Rompotis

错误的一方导致奖励被搁置
The Court sets aside an award on the basis that the party against whom an award had been rendered was not the party to the arbitration agreement.


Hong Kong Court Refuses Enforcement

Posted on January 27th, 2021 by Phillip Rompotis

香港法院搁置执行裁决的命令
The Hong Kong High Court sets aside an order to enforce an arbitration award on the basis that the tribunal’s findings were beyond the scope of the arbitration clause and the parties submission to arbitration and that the respondent in the arbitration had not been given a reasonable opportunity to present its case and to meet the claimant’s case in the arbitration.




Singapore



Natural Justice & Jurisdiction Not Sufficient Grounds for Set Aside

Posted on May 7th, 2021 by Phillip Rompotis

没有根据自然正义或管辖权理由撤销裁决的依据
The Singapore Court of Appeal finds no basis to set aside an award on the grounds of excess of jurisdiction and/or breach of natural justice, and refuses to adopt the Hong Kong position of an award of indemnity costs against the unsuccessful party.


Enforcement Allowed Despite Pending Setting Aside Applications

Posted on May 5th, 2021 by Phillip Rompotis

尽管有待搁置的申请,但仍允许执行
The Singapore High Court grants leave to enforce arbitration awards in circumstances where there were pending applications to set aside the same arbitral awards before the Singapore seat court.


Singapore CA Confirms Setting Aside Time Period Cannot be Extended

Posted on March 15th, 2021 by Phillip Rompotis

预留时间段不能延长
The Singapore Court of Appeal confirms that the 3-month time limit for setting aside an award cannot be extended even in cases of fraud.


Singapore Court Finds Breach of Natural Justice, Setting Aside Award

Posted on February 25th, 2021 by Phillip Rompotis

自然正义奖在新加坡被搁置
The Singapore High Court deals with a tribunal’s decision to deny a party a right to respond to new arguments introduced at the very end of the arbitral proceedings, deciding to set aside part of the award.


Natural Justice and Jurisdiction Concerns Results in Set Aside in Singapore

Posted on February 15th, 2021 by Phillip Rompotis

新加坡的自然正义与司法管辖权问题
The Singapore Court of Appeal deals with the issue of whether a tribunal has the power to convene a hearing only for oral submissions in circumstances where a party requests a hearing to submit oral evidence.




England



English CA Holds No Fiduciary Relationship Between Expert and Client

Posted on January 14th, 2021 by Phillip Rompotis

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


Arbitrator's Duty of Disclosure

Posted on December 26th, 2020 by Phillip Rompotis

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




Articles



Asymmetric Clauses, Multiple-Contracts and Arbitrating Against Non-Parties

Posted on May 20th, 2021 by Phillip Rompotis

更新财务仲裁中出现的常见问题
Tanner De Witt, one of Arbitrium’s proud sponsors, provides an update of common issues arising in financial arbitration proceedings, dealing with asymmetric arbitration clauses, multiple contracts incorporating multiple arbitration agreements and arbitrating against non-parties.


Overview of International Arbitration in the British Virgin Islands

Posted on May 15th, 2021 by Phillip Rompotis

英属维尔京群岛的国际仲裁概述
Harneys, one of Arbitrium’s proud sponsors, provides a useful overview of some of the key points of international arbitration in the British Virgin Islands.


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.

View

Leave a Reply

Your email address will not be published. Required fields are marked *