Jurisdiction - Arbitrium International Arbitration News

HK Court Confirms Obligation to Negotiate Goes to Admissibility Not Jurisdiction

June 18, 2021June 18, 2021 - by Phillip Rompotis

谈判义务属于可受理性而非管辖权
The HK Court confirms that an obligation to negotiate prior to commencement of arbitration proceedings goes to the admissibility of a claim, not to the jurisdiction of the tribunal.

Natural Justice / Costs / Jurisdiction / Setting Aside Award / Singapore

Natural Justice & Jurisdiction Not Sufficient Grounds for Set Aside

May 7, 2021May 27, 2021 - by Phillip Rompotis

没有根据自然正义或管辖权理由撤销裁决的依据
The Singapore Court of Appeal finds no basis to set aside an award on the grounds of excess of jurisdiction and/or breach of natural justice, and refuses to adopt the Hong Kong position of an award of indemnity costs against the unsuccessful party.

Jurisdiction / Hong Kong / Non Parties / Setting Aside Award

Wrongful Identification of Party Leads to Setting Aside in Hong Kong

February 28, 2021June 1, 2021 - by Phillip Rompotis

错误的一方导致奖励被搁置
The Court sets aside an award on the basis that the party against whom an award had been rendered was not the party to the arbitration agreement.

Construction / Jurisdiction / Non Parties / Setting Aside Award / switzerland

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.

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.

England / Jurisdiction / Model Law Article 16(3)

Irish Court Provides Useful Summary of De Novo Review Under Art.16(3) Model Law

January 10, 2020January 13, 2020 - by Phillip Rompotis

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.

Anti-Arbitration Injunction / England / English Arbitration Act s.67 / English Arbitration Act s.68 / Jurisdiction

Sections 67 & 68 English Act Take Precedence Over Subsequent Arbitrations

December 10, 2019December 20, 2019 - by Phillip Rompotis

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.

Hong Kong / Jurisdiction / Multi-tier Clauses / Serious Irregularity / Setting Aside Award

HK Court Refuses to Set Aside Enforcement Order in Unusual Circumstances

December 6, 2019December 20, 2019 - by Phillip Rompotis

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.

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.

Arrangement concerning mutual assistance / China Enforcement / Enforcement / Hong Kong / Jurisdiction / Time bars

HK Court Confirms Position on Impact of Time Bars on Award Enforcement

October 30, 2019November 30, 2019 - by Phillip Rompotis

法院确认时限对执法的影响
The HK Court confirms an earlier decision holding that there is no provision in the Arrangement Concerning Mutual Enforcement of Arbitral Awards that the limitation period should not run while a successful party seeks to enforce an award in China.

Fairness / Jurisdiction / Model Law Article 34 / Natural Justice / Public Policy / Singapore

Singapore Court Considers A Negative Jurisdiction Argument And Refuses Set Aside

October 17, 2019December 16, 2019 - by Phillip Rompotis

法院考虑否定管辖权的决定并拒绝搁置
The High Court deals with an argument that a partial award constitutes a negative jurisdiction decision and various arguments that the award should be set aside under Article 34(2) of the Model Law.

Extension of Time / Jurisdiction / Model Law Article 16(3) / Model Law Article 34(3) / Singapore / Singapore Supreme Court of Judicature Act, para. 7 of the First Schedule

30-Day Time Limit Under Article 16(3) Of Model Law Cannot Be Extended

September 24, 2019October 5, 2019 - by Phillip Rompotis

《示范法》第16条第3款规定的30天期限不能延长
The court in BXS held that the time for making an application to set aside under Article 34(3) could not be extended. One month later, in BXY, the SICC reaches the same conclusion in respect of Article 16(3) of the Model Law.

Enforcement / England / English Arbitration Act s.67 / English Arbitration Act s.68 / Hong Kong / Jurisdiction / Model Law Article 16(3) / Model Law Article 34(3) / Setting Aside Award / Singapore

Update On Challenges to Arbitration Awards

September 17, 2019October 5, 2019 - by Phillip Rompotis

关于仲裁裁决挑战的最新信息
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.

Enforcement / India / Jurisdiction / Natural Justice / Procedural Fairness

India High Court Enforces Award And Directs Payment Of Deposit

September 14, 2019October 5, 2019 - by Phillip Rompotis

印度高等法院执行裁决并指示支付押金
Enforcement of SIAC awards challenged on a number of grounds, including jurisdiction and breach of natural justice, rejected by the Delhi High Court who orders the judgment debtor to deposit the underlying sum.

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.

India / Jurisdiction / Seat of Arbitration / Venue of Arbitration

India Supreme Court Holds Venue Of Arbitration Is Also Its Seat

August 9, 2019August 24, 2019 - by Phillip Rompotis

Khaitan & Co review the Supreme Court of India’s decision in Brahmani River Pallets, where the Court held that the designation of ‘venue’ conferred exclusive jurisdiction on the High Court to supervise the arbitration.