Non Parties - 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.

England / English Arbitration Act s.44(2)(a) / Non Parties

English CA Holds it can Compel Witness Evidence in Aid of Foreign Arbitrations

March 24, 2020April 6, 2020 - by Phillip Rompotis

英国法院可以强制证据
The English CA overturns the first instance court, holding that English Courts do have jurisdiction under s.44(2)(a) of the Arbitration Act 1996 to grant orders for taking evidence from non-party witnesses in aid of foreign arbitrations.

Hong Kong / Non Parties / Public Policy

HK Refuses Set Aside and Rejects Public Policy Argument

March 10, 2020April 1, 2020 - by Phillip Rompotis

香港法院拒绝搁置公共政策
The HK Court dismisses an application to set aside an arbitral award, rejecting claims that the agreement was a sham and that enforcement of the award would be contrary to public policy. Edward Chin, Pupil Barrister, reviews the case.

Hong Kong / Interpretation / Non Parties / Stay to Arbitration

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.

Non Parties / England

English CA Holds Non Signatory Entitled to Enforce Arbitration Agreement on Agency Principles

February 28, 2020February 29, 2020 - by Phillip Rompotis

非签署人可以执行仲裁协议
The English CA allows a party who did not sign an agreement to enforce the right to arbitrate on the basis that an agent had entered into the agreement on the non-signing party’s behalf.

England / Non Parties

Non-Party Cannot be Compelled to Give Evidence

February 19, 2020March 30, 2020 - by Phillip Rompotis

无法强迫证人作证
The English Court rules that it does not have the power to compel a witness to give evidence in a New York-seated arbitration because he was not a party to the underlying arbitral agreement.

Anti-Suit Injunction / England / Non Parties / Senior Courts Act s.37

UK Court Refuses Anti-Suit Injunction Against Non-Party

December 22, 2019December 22, 2019 - by Phillip Rompotis

法院拒绝针对非当事人的反起诉令
The English Court considers an application for the continuance of an anti-suit injunction against a non-party to an arbitration agreement, based on the non-party pursuing proceedings in Russia which raised overlapping issues to those which were the subject of the arbitration.

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.

Consent to Arbitrate / Non Parties / Relief Against Non Parties / Singapore / Stay to Arbitration

Singapore CA Clarifies Decision To Lift Stay Of Proceedings

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

新加坡法院澄清撤销诉讼程序的决定
The Singapore Court of Appeal confirms the decision of first instance court to lift a stay on proceedings but on different grounds.

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.

BVI Arbitration Centre / Cayman Islands / Enforcement / Issue Estoppel / Non Parties

Cayman Islands International Arbitration Developments

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

开曼群岛国际仲裁动态
A number of recent decisions from the courts in the Cayman Islands affirm the judiciary’s experience in dealing with arbitration-related disputes.

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.

Access to Documents / Civil Procedure Rule 5.4C / England / Non Parties / Third Parties

Supreme Court Guidance On Document Access To Non-Parties

August 7, 2019August 27, 2019 - by Phillip Rompotis

In Cape Intermediate Holdings v Dring, the English Supreme Court confirmed the extent of a non-party’s right to obtain documents used in court proceedings, and the principles to be applied when such a request is made.