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This month, Arbitrium brings you a range of cases including, from Singapore, the Court of Appeal’s decision in BXS v BNY (overturning the High Court on the question of the right seat of arbitration), and a High Court decision dealing with the public policy ground of objection and time limits ; a raft of cases from England (and one from Ireland), including a Court of Appeal decision concerning the governing law of an arbitration agreement and consideration of no oral modification provisions; and an interesting link to the “Disputes Clause Finder”, an online tool produced by an international law firm which provides users with individually tailored choice-of-court or arbitration clauses.
Posted on January 6th, 2020 by Phillip Rompotis
The Singapore Court of Appeal overturns the High Court, finding that the phrase "arbitration in Shanghai" means that Shanghai was clearly intended as the seat of arbitration.
Posted on January 9th, 2020 by Phillip Rompotis
The Singapore High Court rejects an argument that enforcement of a partial award could be resisted on the public policy ground, and also deals with time extension applications for setting aside and resisting enforcement of awards.
Posted on January 10th, 2020 by Phillip Rompotis
The Irish High Court provides a useful summary of the authorities dealing with a Court's de novo review under Art.16(3) of the Model Law following a decision on jurisdiction by a tribunal.
Posted on January 18th, 2020 by Phillip Rompotis
The English court extends time and then confirms that the LCIA Tribunal has power to correct award under Article 27.1 of the LCIA Rules.
Posted on January 21st, 2020 by Phillip Rompotis
The English CA considers the governing law of an arbitration agreement and whether the respondent became a party to the main agreement and/or the arbitration agreement notwithstanding the presence of No Oral Modification provisions in the main contract.
Posted on January 25th, 2020 by Phillip Rompotis
The Privy Council (on appeal from Mauritius) upholds a decision of the Supreme Court of Mauritius which refused to set aside an arbitral award on the basis of alleged breaches of natural justice and public policy.
Posted on January 12th, 2020 by Phillip Rompotis
When appointing an arbitrator, parties rarely consider taking out a legal risk policy to cover the death, disability and disqualification of an arbitrator. In this interesting article, the author discusses the issue and the options available.
Posted on January 15th, 2020 by Phillip Rompotis
Baker McKenzie has developed a useful tool, the "Disputes Clause Finder", which provides users with individually tailored choice-of-court or arbitration clauses.