Construction - Arbitrium International Arbitration News

Implied Consent? Swiss Court Finds Non-Signatory Could Not be Joined

January 17, 2021January 18, 2021 - by Phillip Rompotis

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.

Confidentiality / Construction / England / Expert Evidence / fiduciary duties

English CA Holds No Fiduciary Relationship Between Expert and Client

January 14, 2021January 14, 2021 - by Phillip Rompotis

The English CA overturns the first instance judgment, holding that there was no fiduciary relationship between a construction expert and their client.

Natural Justice / Construction / Setting Aside Award / Singapore

Singapore CA Refuses to Set Aside Award on Grounds of Breach of Natural Justice

March 16, 2020April 1, 2020 - by Phillip Rompotis

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.

Construction / Malaysia / Subpoenas

Subpoenas in Aid of Arbitration Proceedings

February 8, 2020February 14, 2020 - by Phillip Rompotis

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.

England / Construction / Jurisdiction

English Court Dismisses s.67 Jurisdiction Challenge to Award

February 6, 2020March 22, 2020 - by Phillip Rompotis

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.

Construction / England

Survey of International Arbitration in Construction Disputes

February 4, 2020February 9, 2020 - by Phillip Rompotis

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.

Construction / Jurisdiction / Model Law Article 34(3) / Natural Justice / Setting Aside Award / Singapore

Singapore Court Clarifies Art.34(3) ML Time Limits & Rejects Natural Justice Objections

November 27, 2019November 27, 2019 - by Phillip Rompotis

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.

Appeal of Award / Construction / Hong Kong / Interpretation

Arbitrator “Not Obviously Wrong” – Refuses Leave to Appeal

November 3, 2019November 14, 2019 - by Phillip Rompotis

法院拒绝准予上诉裁决
The HK High Court refuses leave to appeal an award under the Schedule to the Ordinance, finding that the Arbitrator was “not obviously wrong”.

Construction / England / English Arbitration Act s.33 / English Arbitration Act s.68 / Procedural Fairness / Serious Irregularity

English Court Rejects s.68 Challenge Brought For Breach Of Tribunal’s Duty Of Fairness

October 28, 2019October 28, 2019 - by Phillip Rompotis

英国高等法院拒绝第68条对违反法庭职责的挑战
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.

Appeal of Award / Construction / Hong Kong / Remission of Award / Serious Irregularity / Setting Aside Award

HK Court Refuses to Set Aside/Remit Award

October 13, 2019October 16, 2019 - by Phillip Rompotis

香港法院拒绝搁置仲裁裁决
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.

Appeal of Award / Arbitration Ordinance Sch.2 / Construction / Hong Kong / Model Law Article 34 / Serious Irregularity / Setting Aside Award

HK Court Rejects Serious Irregularity Ground Of Appeal In Tunnel Dispute

September 4, 2019October 6, 2019 - by Phillip Rompotis

香港法院拒绝就隧道纠纷提起上诉
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.

Construction / Fairness / Hong Kong / Remission of Award / Setting Aside Award

HK Court Sets Aside Second Award Following Remission To Tribunal

August 29, 2019September 10, 2019 - by Phillip Rompotis

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.

Australia / Construction / Interpretation / Model Law Article 8 / Stay to Arbitration

Stay On Basis Arbitration Agreement “Incapable Of Being Performed” Fails

August 13, 2019September 2, 2019 - by Phillip Rompotis

Phillip Rompotis reviews an Australian decision to stay proceedings to arbitration, rejecting an argument that the arbitration agreement was “incapable of being performed”.

Construction / Hong Kong / Hong Kong Arbitration Ordinance s.19 / Interpretation / Model Law Article 7 / Model Law Article 8 / Stay to Arbitration

HK Court Finds Arbitration Clause In Head Contract Not Incorporated Into Sub-Contract

August 10, 2019September 18, 2019 - by Phillip Rompotis

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.

Construction / Enforcement / England / Interim Relief

Interim Relief In Construction Arbitration

August 8, 2019August 24, 2019 - by Phillip Rompotis

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.