Model Law Article 8 - International 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.

Arbitration and Winding Up / Hong Kong / Hong Kong Arbitration Ordinance s.20 / Hong Kong Bankruptcy Rule 48(5) / Model Law Article 8

HK CA Considers Insolvency Proceedings And Arbitration

August 8, 2019September 23, 2019 - by Phillip Rompotis

In But Ka Chon, the CA suggested that the approach in Lasmos – that a petition to wind up a company should generally be dismissed where the contract contains an arbitration clause – propounded an overly one-sided approach to the discretion to set aside a statutory demand.