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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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.
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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.
