The authors examine a number of ICC cases which consider requests for a stay of arbitration proceedings and/or requests relating to the use of evidence submitted within or resulting from criminal proceedings.
The HK High Court grants an anti-suit injunction to restrain court proceedings on the Mainland, confirming that the relief is an “interim measure” within the terms of s.35 and s.45 of the Ordinance (and Article 17 of the Model Law).
A useful overview of the substantive considerations available to a tribunal when determining whether grant security for costs.
The Court of Appeal dismisses an appeal against a bankruptcy order finding that the debt was not covered by an arbitration clause. The Court also considered recent authorities arising out of the Lasmos case.
The Mainland Court has recognised the principle of severability of arbitration agreement and held that although the underlying contracts had not been formally signed, the parties had reached valid arbitration agreements.
The English Court finds that a successful enforcement action did not entitle the Claimant to an award of costs as it failed to satisfy the requirements of full and frank disclosure.
The HK High Court refuses leave to appeal an award under the Schedule to the Ordinance, finding that the Arbitrator was “not obviously wrong”.
A range of cases from Hong Kong, England, Malaysia and Singapore including an update on the Arrangement Concerning Mutual Measures between Hong Kong and the Mainland, an Arbitrator’s duty of impartiality and independence, and a host of enforcement-related cases.Continue Reading
The HK Court confirms an earlier decision holding that there is no provision in the Arrangement Concerning Mutual Enforcement of Arbitral Awards that the limitation period should not run while a successful party seeks to enforce an award in China.
The requirement for arbitrators to act “impartially” is enshrined in the English Arbitration Act (and together with “independence”, in the Model Law and many institutional rules). This note reviews these concepts in light of the judgments in Almazeedi and Halliburton.
The English High Court considers an argument that the tribunal breached its duty of fairness, rejects the challenge under s.68 of the Arbitration Act, and sets out some guiding principles.
The Singapore Court of Appeal confirms the decision of first instance court to lift a stay on proceedings but on different grounds.
In the context of a pending set aside hearing, the Court considers and rejects an application for security costs, applying the tests in Soleh Boneh International Ltd.
In a serious and unusual case, the English High Court refuses to enforce an unchallenged arbitral on the basis that to do so would not be in the interests of justice, demonstrating that s.66 is not a simple rubber-stamping exercise.
The High Court deals with an argument that a partial award constitutes a negative jurisdiction decision and various arguments that the award should be set aside under Article 34(2) of the Model Law.
The English High Court deals with various interlocutory applications in a forthcoming challenge to an arbitration award, including payment of security and a stay of enforcement.
The Court refuses to set aside or remit an arbitration award arising out of a project in Macau, rejecting arguments that the employer was unable to present its case or that the tribunal failed to deal with all the issues.
The Arrangement concerning Mutual Assistance for interim measures, empowering Chinese courts to order interim measures in support of HK-seated arbitrations came into effect on 1 October and has already been used.
The Malaysian High Court considers whether an inquiry of damages arising out of an undertaking by an applicant to pay damages for an injunction wrongly granted by a court in support of arbitration proceedings should await the outcome of a pending arbitration between the parties.
The English Court finds that an arbitrator cannot consider WP communications when deciding costs issues but could take into account “impliedly without prejudice” communications created as part of an attempt at compromise.
The English Court refuses to set aside and remit an award stating that s.68 is concerned solely with due process and represents an exhaustive list of what constitutes “serious irregularity” under the Act.
This month, in addition to the usual International Arbitration updates from around the globe, we highlight an issue which arises regularly and continues to vex courts around the world – the extent to which third parties/non-signatories may rely on or be bound by an arbitration agreement.
The court in BXS held that the time for making an application to set aside under Article 34(3) could not be extended. One month later, in BXY, the SICC reaches the same conclusion in respect of Article 16(3) of the Model Law.
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.
Enforcement of SIAC awards challenged on a number of grounds, including jurisdiction and breach of natural justice, rejected by the Delhi High Court who orders the judgment debtor to deposit the underlying sum.
A practical overview of third party funding in belt and road disputes in the main arbitral seats together with practical takeaways on what a party should consider when considering third party funding and tips to ensure its use is successful.
Golden Oasis is the latest in a series of cases (Lasmos, But Ka Chon) dealing with the interplay between insolvency proceedings and arbitration. While the Court agreed with parts of Lasmos, it dismissed the stay to arbitration application as no relevant arbitration clause existed.
A US court finds that a final judgment setting aside an award at the seat is generally conclusive, that the public policy exception is narrow and infrequently met, thereby refusing to enforce an award set aside in Nigeria.
The Singapore High Court dismisses an application to set aside an arbitration award under A.34 of the Model Law, finding that the tribunal had jurisdiction and that its composition was in accordance with the parties’ agreement.
A number of recent decisions from the courts in the Cayman Islands affirm the judiciary’s experience in dealing with arbitration-related disputes.
The English High Court stays enforcement proceedings in England under s.103(5) of the Arbitration Act in favour of pending set aside proceedings and orders the party resisting enforcement to provide security for the award.
The HK Court dismisses an application for setting aside and remission of awards on the grounds of serious irregularity and alleged failure to present case, with a helpful restatement of the applicable legal principles.
Albert Monichino QC deals with the Australian approach to the ability of third parties to claim ‘through or under’ an arbitration agreement, concluding that the dissenting approach in Reinhart, which respects privity of contract, is to be preferred.
In addition to the usual IA updates from around the globe, we highlight two cases, a HK CA decision dealing with a stay application in the context of insolvency proceedings, the other from Singapore refusing an extension of time to bring a setting aside application under Article 34 of the Model Law.Continue Reading
The English High Court enforces a USD$9b award against Nigeria finding that the seat of arbitration was England and that there were no public policy reasons to refuse enforcement.Continue Reading
The HK High Court sets aside an award remitted to the tribunal following an initial challenge, stating that the defects resulting in the remission had not been cured by the route taken by the Arbitrator.Continue Reading
The HK High Court grants an anti-suit injunction, holding that a party cannot pursue a claim under an insurance policy without also being bound by the dispute resolution provisions in the policy.Continue Reading
The English High Court finds that an arbitration agreement continues to apply to a claim for the payment agreed as a settlement arising in the underlying contract.Continue Reading
The High Court rules on Glencore’s application for an injunction to restrain the use of privileged documents that the tax authorities became aware of via the “Paradise Papers” leak.Continue Reading
The SCC issued a report in August reviewing decisions by the SCC Board concerning challenges to arbitrators during 2016-2018, finding that 8 out of 46 challenges succeeded.Continue Reading
Phillip Rompotis reviews an Australian decision to stay proceedings to arbitration, rejecting an argument that the arbitration agreement was “incapable of being performed”.Continue Reading
Herbert Smith Freehills review a Malaysian decision where a contractor unsuccessfully sought to set aside an award on the basis that the underlying contract was illegal and hence in breach of Malaysia’s public policy.Continue Reading
The HK High Court finds that an arbitration clause in a head contract was not incorporated into a sub-contract, and sets out the relevant principles under Articles 7 & 8 of the Model Law.Continue Reading
Khaitan & Co review the Supreme Court of India’s decision in Brahmani River Pallets, where the Court held that the designation of ‘venue’ conferred exclusive jurisdiction on the High Court to supervise the arbitration.Continue Reading
The HK High Court sets out the principles to be adopted on applications to set aside court judgments and refer matters to arbitration, and the salient principles of contract interpretation.Continue Reading
Mishcon de Reya observe that international arbitration offers many advantages for the resolution of trusts …Continue Reading
In But Ka Chon, the CA suggested that the approach in Lasmos – that a petition to wind up a company should generally be dismissed where the contract contains an arbitration clause – propounded an overly one-sided approach to the discretion to set aside a statutory demand.Continue Reading
Norton Rose Fulbright observe that most major institutional arbitral rules provide avenues for interim relief via emergency arbitrators, expedited arbitral appointment or expedited proceedings and question whether it is still worth looking to the courts for interim relief in construction arbitrations.Continue Reading
In an important decision, a Singapore court finds that the time to bring a setting aside application under Article 34(3) of the Model Law cannot be extended.Continue Reading
In a significant legal development, the Singapore Mediation Convention, modeled on the New York Convention, facilitates the enforcement of international settlement agreements arising from mediation.Continue Reading