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.
The Singapore High Court deals with a tribunal’s decision to deny a party a right to respond to new arguments introduced at the very end of the arbitral proceedings, deciding to set aside part of the award.
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
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.
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.
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.
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.
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.
The HK High Court refuses leave to appeal an award under the Schedule to the Ordinance, finding that the Arbitrator was “not obviously wrong”.
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.
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.
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.
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.Continue Reading
Phillip Rompotis reviews an Australian decision to stay proceedings to arbitration, rejecting an argument that the arbitration agreement was “incapable of being performed”.Continue Reading
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.Continue Reading
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.Continue Reading
Herbert Smith Freehills review four decisions from Malaysia’s Court of Appeal relating to applications made …Continue Reading
Corrs Chambers Westgarth review the West Australian Supreme Court’s decision in KC Australia LNG Pty …Continue Reading
Norton Rose Fulbright’s May 2019 IA Report focusses on arbitration in the construction industry. The …Continue Reading
Construction lawyers regularly deal with contractual clauses which place the risk of adverse ground conditions …Continue Reading
Herbert Smith Freehills review the decision in P v M  HKCFI 2280, where the …Continue Reading
Construction disputes have long been resolved through the arbitral process. Hogan Lovells tackle the interesting …Continue Reading
Herbert Smith Freehills review the English High Court’s decision in Autoridad del Canal de Panama …Continue Reading
Practitioners in Hong Kong will be aware that in order to alleviate concerns from the …Continue Reading
Phillip Rompotis reviews the Hong Kong High Court’s decision in Ipson Renovation Ltd v The …Continue Reading
King & Wood Mallesons review the Law Reform Commission’s “Report on Third Party Funding for …Continue Reading
Construction practitioners regularly deal with claims for liquidated damages and opposing claims that they constitute …Continue Reading