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

Tanner De Witt (Kevin Warburton and Jeffrey Tong), provide an update of common features arising in suites of financial agreements and the risks that may arise at the enforcement stage. The authors deal with asymmetric arbitration clauses; multiple contracts incorporating multiple arbitration agreements; and parties belonging to a complex corporate structures.

The article highlights how these issues may affect the validity (or effectiveness) of an
arbitration agreement, with a view to providing some tips and best practices for drafting arbitration
agreements in typical financial contexts.

Access the article here.

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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