仲裁协议非当事人
Swiss Court finds that while a subcontractor was demonstrably involved in the performance of a main contract, it was insufficient to constitute implied consent to be bound by the arbitration agreement.
The English CA overturns the first instance judgment, holding that there was no fiduciary relationship between a construction expert and their client.
Continue Reading
仲裁通讯
In the first Newsletter for 2021, we report on two important English Supreme Court decisions – Enka Insaat and Halliburton, and a number of other decisions from England, Hong Kong and Singapore.
新的ICC仲裁规则
Ahead of the entry into force of the 2021 ICC Arbitration Rules, the International Court of Arbitration of the International Chamber of Commerce has released updates to its Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration, effective 1 January 2021.
Tanner De Witt provide a summary of Halliburton v Chubb, where the English Supreme Court considered issues of bias and disclosure.
Continue Reading
按条件收费安排
On 17 December 2020, the Hong Kong Law Reform Commission published a consultation paper proposing lawyers could use outcome related fee structures for arbitration.
专属管辖权和仲裁条款
The Singapore HC considers whether the arbitration clause or the jurisdiction clause applied to the dispute, finding that the parties’ intention was for the jurisdiction clause to carve out certain disputes from the arbitration clause.
拒绝延长时间
In a dispute arising out of a transfer agreement, the HK Court refused to extend time to apply to set aside an award, finding that the Applicants failed to give any explanation for their delay in making the application.
时间栏
The Singapore CA finds that the Respondent’s set-aside application was filed more than three months after the award had been received by the parties; as the Court did not have any power to extend this time limit, the challenge was time- barred.
仲裁与破产
In a helpful and detailed review of the legal position in Hong Kong, the authors seek to ascertain HK’s position where a winding-up petition is issued on the just and equitable ground and the insolvency ground, suggesting a possible coherent approach.
拒绝搁置公共政策奖
The Singapore CA dismisses an application to set aside an award on the ground of public policy because the tribunal held that they were prevented by the doctrine of res judicata from litigating on a component of their defence.
仲裁协议的适当法律
The English Supreme Court introduces a measure of certainty in an area of the law which has long been unclear, tackling the question of how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration.
国际仲裁简易程序
A useful outline of the summary procedures under various rules, including the challenges and risks as well as practical guidance when considering such applications.
时间限制没有障碍
Notwithstanding the unprecedented delay in seeking to challenge the award, the English court finds that Nigeria established a prima facie case for fraudulent conduct, confirming that fairness ultimately outweighs considerations of extreme delay and finality to proceedings.
奖励和其他奖励的更正
The HK High Court explains the principles regarding the correction of awards under Article 33 of the Model Law, dismisses an application to set aside an award and allows the application to enforce the award.
This month, Arbitrium contains a host of articles from Hong Kong, Singapore and England, including an important decision from the English Court of Appeal clarifying an issue that has vexed courts for some time – the relative weight to be given to the law of the seat and the law of the main contract, where they differ, in determining the proper law of the arbitration agreement.
Continue Reading
临时措施安排的持续成功
The HKIAC publishes an update on the Arrangement concerning Mutual Assistance for interim measures between Hong Kong and the Mainland, highlighting its continued success.
英国法院对严重不规则原则的审查
The English High Court dismissed a serious irregularity challenge under s.68 of the Act, reviewing the applicable legal principles, emphasising that s.68 should not be used to attack an arbitrator’s findings of fact and evaluation of evidence.
更新的LCIA仲裁与调解规则
The LCIA has updated its rules, designed to “make the arbitral and mediation processes even more streamlined and clear for arbitrators, mediators and parties alike.” The Rules take effect on 1st October 2020.
新加坡法院拒绝申请撤销裁决
The High Court of Singapore refuses to set aside an award on the basis that the Tribunal lacked jurisdiction or by reason of a breach of natural justice and reviews the applicable legal principles under Article 34 of the Model Law.
新加坡法院审查自然正义与公共政策原则
In considering a challenge to a domestic international award arising out of the sale and purchase of vessels, the Singapore High Court reviews the applicable principles of breach of natural justice and public policy.
英格兰法院维持法律上诉点
Appeals under s.69 of the English Arbitration Act rarely succeed, but in a recent case, the English Court allowed an appeal, helpfully setting out the “guiding principles of fundamental importance” when considering s.69 applications.
英国法院仲裁协议法律指导
In an important decision the English Court of Appeal clarifies an issue that has vexed courts for some time – the relative weight to be given to the law of the seat and the law of the main contract, where they differ, in determining the proper law of the arbitration agreement.
香港法院批给令及暂缓执行
The HK High Court grants a Hadkinsons order and stays proceedings to set aside orders enforcing CIETAC awards (pending set aside proceedings in the PRC) on condition that the respondents pay 40% of the award sums into court.
英格兰法院授予反诉讼禁令
The English Court finds that an arbitration agreement was effectively incorporated by reference and grants and anti-suit injunction to cease court proceedings in Bangladesh.
扩大对违反忠实义务的临时禁令
The English High Court continues an interim injunction to restrain the defendants from acting as experts by reason of the defendants having acted for the claimant in a separate arbitration relating to the same project.
新加坡审议仲裁和破产程序
The interplay between arbitration and winding up proceedings continues to attract judicial attention, with a recent decision from Singapore’s highest court affirming the prima facie test, meaning that a debtor need only show that there is a dispute subject to an arbitration agreement.
In this month’s Newsletter, Arbitrium features an update in relation to the legal impact of the coronavirus outbreak, bringing together posts from a range of law firms at the forefront of advising commercial parties, and a range of judgments dealing with set-aside applications from England, Hong Kong and Singapore.
Continue Reading
Like last month, the aim of this post is to bring together a number of recent articles published by law firms at the forefront of advising commercial parties in dealing with the pandemic. It is my hope that an update next month will not be necessary.
Continue Reading
英国法院可以强制证据
The English CA overturns the first instance court, holding that English Courts do have jurisdiction under s.44(2)(a) of the Arbitration Act 1996 to grant orders for taking evidence from non-party witnesses in aid of foreign arbitrations.
香港与中国之间执行仲裁裁决
Tanner De Witt, one of Arbitrium’s sponsors, outlines the operation of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR.
法院拒绝基于自然公正裁定裁决
The Singapore Court of Appeal declines to set aside an award on the grounds of breach of natural justice in proceedings arising out of the termination of a construction contract.
仲裁和清算程序
In the latest decision from the HK High Court to consider the interplay between arbitration and winding-up proceedings, Lavesh Kirpalani, Counsel at Prince’s Chambers, reviews the decision in Re Asia Master Logistics, where he appeared for the successful petitioner.
SICC拒绝就偏见作出裁决
The SICC dismisses an application to set aside an award, finding that the tribunal was justified in granting the cumulative relief that it did, and that there was no apparent bias on the part of an arbitrator who made a belated disclosure about being engaged as co-counsel with the defendant’s legal representative.
香港法院拒绝搁置公共政策
The HK Court dismisses an application to set aside an arbitral award, rejecting claims that the agreement was a sham and that enforcement of the award would be contrary to public policy. Edward Chin, Pupil Barrister, reviews the case.
将仲裁协议纳入提单
The HK Court denies an application for a stay of proceedings to arbitration in a case concerning bills of lading. Nick Luxton, Counsel, appeared for the successful Plaintiff, and provides a review of the decision.
国际仲裁与先例原则
The debate concerning the extent to which international arbitration poses a threat to precedent-based legal systems continues.
This month, Arbitrium features a post published in relation to the legal impact of the coronavirus outbreak, highlighting the key issues for businesses. Further, an interesting decision from the Malaysian High Court which considered the test for an application to subpoena a witness to produce documents for the purpose of an arbitration and give evidence in arbitration proceedings and a range of case notes from England in relation to ss. 67, 68 and 69 of the Arbitration Act.
Continue Reading
非签署人可以执行仲裁协议
The English CA allows a party who did not sign an agreement to enforce the right to arbitrate on the basis that an agent had entered into the agreement on the non-signing party’s behalf.
英国法院拒绝中止仲裁
The English High Court refuses a stay to arbitration in circumstances where an escrow agreement contains an arbitration agreement.
无法强迫证人作证
The English Court rules that it does not have the power to compel a witness to give evidence in a New York-seated arbitration because he was not a party to the underlying arbitral agreement.
冠状病毒爆发的法律影响
A number of law firms have published articles dealing with the legal impacts of the coronavirus outbreak. This post brings a few of them together, highlighting the key issues for businesses.
第68和69条的申请下降
A recent report from the UK judiciary indicates a reduction in applications brought under s.68 (challenge to award on the ground of serious procedural irregularity) and under s68 (appeals on a point of law).
公开专家证据
The English High Court confirms the default position of requiring disclosure of a first expert’s report or draft report where a party seeks to change experts without good explanation.
仲裁程序中的传票
The Malaysian High Court considers the test for an application to subpoena a witness to produce documents for the purpose of an arbitration and give evidence in arbitration proceedings.
仲裁与管辖权
The English High Court deals with an application to set aside an award under s.67 of the Act on the ground that there was no arbitration agreement between the parties.
国际仲裁与建设
Pinsent Masons publish their 2019 International Arbitration in Construction survey; an in-depth analysis that should assist clients and practitioners in evaluating what steps might be taken to optimise the arbitral process with a view to resolving disputes more efficiently.
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, including a CA 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 which provides users with tailored dispute resolution clauses.
Continue Reading
不违反自然正义和公共政策
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.
英国法院维持英国法律作为仲裁协议的明确选择
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.
