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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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.
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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.
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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.
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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.
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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.
英国法院确认仲裁庭有权更正裁决
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.
争议解决方案
Baker McKenzie has developed a useful tool, the “Disputes Clause Finder”, which provides users with individually tailored choice-of-court or arbitration clauses.
仲裁员的死亡，残障，取消资格
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.
第16条第3款规定的法院在管辖权挑战中的作用摘要
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.
新加坡以公共政策为由拒绝搁置仲裁裁决
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.
上海举行仲裁
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.
Arbitrium wishes all our readers, subscribers and sponsors the very best for 2020. This month, we welcome two additional sponsors, Hong Kong law firms GPS McQuhae LLP and Yang Chau Law Office and report on several cases dealing with anti-suit injunction applications.
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法院拒绝针对非当事人的反起诉令
The English Court considers an application for the continuance of an anti-suit injunction against a non-party to an arbitration agreement, based on the non-party pursuing proceedings in Russia which raised overlapping issues to those which were the subject of the arbitration.
仲裁地的重要性
IA practitioners know the importance of the seat of arbitration, and its impact on the conduct of arbitration proceedings and any subsequent court applications to set aside and enforce. A brief recap.
香港法院在反诉讼禁令后审查成本命令
The Hong Kong Court refuses to grant an indemnity costs order following an anti-suit injunction, rejecting an argument that the general approach in arbitration cases to award indemnity costs should be extended against a person who was not a party to the arbitration agreement.
香港法院在阿玛尼案中授予反起诉禁令
The Hong Kong High Court grants a permanent anti-suit injunction to stop court proceedings continuing on the Mainland on the basis that they were oppressive, vexatious and brought for the purpose of frustrating the arbitration.
阿拉伯联合酋长国国际仲裁最新动态
The UAE Federal Arbitration Law (No.6 of 2018) came into force on 15 June 2018, and introduced a number of procedural developments relating to the conduct of arbitration proceedings and the enforcement of domestic and international awards before the local UAE courts.
英国法院授予反仲裁禁令
In an important decision, the English Court of Appeal grants an anti-arbitration injunction, saying it will do so only in “exceptional circumstances” and that parties cannot contract out of ss.67 & 68 of the English Act.
香港法院拒绝搁置执行令
In an unusual case, a party filed evidence and sought to resist enforcement of an award but at the hearing advised that it would not advance any arguments to oppose the application to set aside the order granting leave to enforce, thereby leaving the party seeking enforcement to satisfy the court that order ought to be set aside.
英国法院驳回上诉
The English Court dismisses an appeal under s.69 of the Act, highlighting the limited circumstances in which parties will be allowed to appeal arbitration awards on a point of law.
We are delighted to report that in the space of only a few months, Arbitrium now boasts a subscriber list of nearly 1,800 specialist international arbitration practitioners from around the globe. Many of these subscribers have also joined the Arbitrium group on LinkedIn. Thank you to all our readers, our contributors and our sponsors for their support.
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英国法院在保险纠纷中授予反诉讼禁令
The English High Court considers an insurance policy containing “service of suit” provisions and continues an anti-suit injunction against the defendant on the basis that it was satisfied that the parties had agreed to submit their dispute to London arbitration.
新加坡法院澄清了《示范法》第34条第3款规定的时限，并拒绝了自然正义异议
The Singapore court clarifies the applicable time limits under Art.34(3) Model Law and rejects a broad range of natural justice objections as disguised appeals on the merits.
新加坡法院确认仲裁所在地的重要性
The Singapore Court of Appeal emphasises the importance of the seat of arbitration and that prejudice need not be established to resist enforcement of an award arising out of a wrongly seated arbitration.
严重的违规挑战
Section 68 of the English Act provides the basis for challenging an arbitration award where there has been a serious irregularity. This is a useful overview of the (only seven) successful challenges brought under the section, highlighting the difficulties in success.
新澳门仲裁法
The new Macau arbitration law has been gazetted and will come into force in early May 2020. A local law firm provides an overview of the new legislation.
仲裁与犯罪行为
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.
香港法院发出禁制令
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).
仲裁费用的保证
A useful overview of the substantive considerations available to a tribunal when determining whether grant security for costs.
仲裁和破产程序
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.
中国法院承认可分割性原则
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.
