Arbitrium Newsletter No. 8 – 2 February 2020

Arbitrium wishes everyone good health and prosperity in the Year of the Rat

We are delighted to report that, after just 8 months online, over 2,000 members have registered with Arbitrium.  We continue to build our global readership and  thank all our existing members, contributors and sponsors.

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.


“Arbitration In Shanghai” Means Shanghai is Seat - Singapore CA Overturns HC

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.

Singapore HC Refuses to Set Aside Partial Award on Public Policy Grounds

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.


Irish Court Provides Useful Summary of De Novo Review Under Art.16(3) Model Law

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.

English Court Confirms Power of LCIA Tribunal to Correct Award

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.

CA upholds English Law as Express Choice of Law & Considers Oral Modification provisions

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.

Privy Council Refuses to Set Aside Award on Natural Justice & Public Policy Grounds

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.


The Death, Disability and Disqualification of Arbitrators

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.

Baker McKenzie's Dispute Clause Finder

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.

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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