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Arbitration and Winding Up / Exclusive Jurisdiction Clause / Hong Kong

HK CA Inching Closer to Upholding Primacy of Arbitration Agreements in Winding Up proceedings?

- by Phillip Rompotis

This judgment deals primarily with the impact of an exclusive jurisdiction clause in the context of winding up proceedings, but also provides an inkling of how an arbitration agreement may be dealt with in the same context, and considers the extent to which the “bona fide dispute on substantial grounds” general test is being nudged aside in favour of upholding the primacy of an arbitration agreement.

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Setting Aside Award / Article 31 Model Law / Hong Kong / Public Policy / Reasons For Award

HK Court finds that only egregious errors warrant setting aside of award

- by Phillip Rompotis

Whether a Tribunal has adequately dealt with the issues put to it, and the effect of any failure to do so, often arises in set aside applications. In yet another decision from Hong Kong refusing to set aside an award, the High Court outlines the relevant authorities in some detail.

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Setting Aside Award / Model Law Article 34 / Natural Justice / Reasons For Award / Singapore

Damages Award Set Aside by Singapore CA On Basis It Was Made “arbitrarily”

- by Phillip Rompotis

The Singapore CA set aside part of an Award dealing with damages. This note deals generally with the main grounds of appeal raised before the CA, focussing on the decision in respect of damages as it gives rise to potentially problematic issues when preparing damages claims.

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Hong Kong / Competing Jurisdiction Clauses / Multiple Contracts / Non Participation in Arbitration

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

- by Phillip Rompotis

更新财务仲裁中出现的常见问题
Tanner De Witt, one of Arbitrium’s proud sponsors, provides an update of common issues arising in financial arbitration proceedings, dealing with asymmetric arbitration clauses, multiple contracts incorporating multiple arbitration agreements and arbitrating against non-parties.

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Natural Justice / Costs / Jurisdiction / Setting Aside Award / Singapore

Natural Justice & Jurisdiction Not Sufficient Grounds for Set Aside

- by Phillip Rompotis

没有根据自然正义或管辖权理由撤销裁决的依据
The Singapore Court of Appeal finds no basis to set aside an award on the grounds of excess of jurisdiction and/or breach of natural justice, and refuses to adopt the Hong Kong position of an award of indemnity costs against the unsuccessful party.

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Australia / Construction / Scope of Arbitration Clause / Stay to Arbitration

Australian Court Upholds Liberal Construction of Arbitration Clause

- by Phillip Rompotis

澳大利亚法院支持自由裁量权仲裁条款
An Australian court finds that an arbitration clause providing that “disputes or differences arising between the Parties” merited a liberal construction, and encompassed claims for relief based on estoppel by convention or statutory unconscionable conduct under the Australian Consumer Law.

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Setting Aside Award / Hong Kong / Scope of Arbitration Clause

Hong Kong Court Refuses Enforcement

- by Phillip Rompotis

香港法院搁置执行裁决的命令
The Hong Kong High Court sets aside an order to enforce an arbitration award on the basis that the tribunal’s findings were beyond the scope of the arbitration clause and the parties submission to arbitration and that the respondent in the arbitration had not been given a reasonable opportunity to present its case and to meet the claimant’s case in the arbitration.

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Hong Kong / England / International Arbitration / Singapore

Arbitrium Newsletter No. 11 – 1 September 2020

- by Phillip Rompotis

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.

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England / English Arbitration Act s.68 / Serious Irregularity

English High Court Reviews Principles Applicable to s.68 Serious Irregularity Challenges

- by Phillip Rompotis

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.

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Singapore / Active and Passive Remedies / Natural Justice / Public Policy / Setting Aside Award

Singapore Court Reviews Natural Justice and Public Policy Principles

- by Phillip Rompotis

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.

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England / Anti-Suit Injunction / Governing Law / Seat of Arbitration

English CA Provides Clear Guidance on Law Governing Arbitration Agreements

- by Phillip Rompotis

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.

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Arbitration and Winding Up / Singapore

Singapore CA Considers Arbitration and Insolvency Proceedings Interplay

- by Phillip Rompotis

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.

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