Interpretation - Arbitrium International Arbitration News

Incorporation of Arbitration Agreements by Reference – Special Rules for Bills of Lading

March 8, 2020April 1, 2020 - by Phillip Rompotis

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.

England / Interpretation / Law of Arbitration Agreement / Oral Modification Clause

CA upholds English Law as Express Choice of Law & Considers Oral Modification provisions

January 21, 2020February 14, 2020 - by Phillip Rompotis

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.

China Arbitration / Interpretation / Non Parties / Severability

Mainland Court Recognises Principle of Severability

November 10, 2019November 14, 2019 - by Phillip Rompotis

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.

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”.

Arbitrator Appointment / Enforcement / Interpretation / Jurisdiction / Model Law Article 34 / Non Parties / Setting Aside Award / Singapore

Singapore Court Rejects Application To Set Aside Award

September 5, 2019October 6, 2019 - by Phillip Rompotis

新加坡法院驳回撤销仲裁裁决的申请
The Singapore High Court dismisses an application to set aside an arbitration award under A.34 of the Model Law, finding that the tribunal had jurisdiction and that its composition was in accordance with the parties’ agreement.

Australia / Interpretation / Non Parties / Third Parties

Non-Parties to Arbitration – The View On Claiming “Through Or Under”

September 3, 2019October 6, 2019 - by Phillip Rompotis

非仲裁方–主张“直通”或“直通”的观点
Albert Monichino QC deals with the Australian approach to the ability of third parties to claim ‘through or under’ an arbitration agreement, concluding that the dissenting approach in Reinhart, which respects privity of contract, is to be preferred.

England / English Arbitration Act s.67 / Interpretation / Settlement Agreement

Arbitration Agreement Applies To Settlement Agreement

August 23, 2019August 31, 2019 - by Phillip Rompotis

The English High Court finds that an arbitration agreement continues to apply to a claim for the payment agreed as a settlement arising in the underlying contract.

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.

Hong Kong / Hong Kong Arbitration Ordinance s.20 / Interpretation / Model Law Article 8 / Stay to Arbitration

HK Court Sets Aside Judgment And Refers Matter to Arbitration

August 8, 2019August 31, 2019 - by Phillip Rompotis

The HK High Court sets out the principles to be adopted on applications to set aside court judgments and refer matters to arbitration, and the salient principles of contract interpretation.