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 Hong Kong High Court stays third party proceedings on the basis that the parties were bound by the arbitration clause contained in the insurance policy, reinforcing the principle of party autonomy.
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.
The English High Court refuses a stay to arbitration in circumstances where an escrow agreement contains an arbitration agreement.
The Singapore Court of Appeal confirms the decision of first instance court to lift a stay on proceedings but on different grounds.
Golden Oasis is the latest in a series of cases (Lasmos, But Ka Chon) dealing with the interplay between insolvency proceedings and arbitration. While the Court agreed with parts of Lasmos, it dismissed the stay to arbitration application as no relevant arbitration clause existed.
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
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.Continue Reading
Phillip Rompotis reviews the Hong Kong High Court’s May 2019 decision in Dickson Holdings Enterprise …Continue Reading
Herbert Smith Freehills review the Hong Kong High Court’s decision in Leung Kwok Hung trading …Continue Reading
Stephenson Harwood reviews the Singapore High Court’s decision in Ling Kong Henry v Tanglin Club …Continue Reading
Herbert Smith Freehills review the NSW Court of Appeal’s decision in Warner Bros Feature Productions …Continue Reading
Baker McKenzie review the 2017 Singapore High Court decision in Gulf Hibiscus Ltd v Rex …Continue Reading
Herbert Smith Freehills review the English High Court’s decision in Autoridad del Canal de Panama …Continue Reading
Herbert Smith Freehills review the Hong Kong Court’s decision in U v A  HKEC …Continue Reading
Herbert Smith Freehills review the 2017 decision of the Hong Kong High Court in Polytec …Continue Reading
Herbert Smith Freehills review the Federal Court of Australia’s 2016 decision in WDR Delaware Corporation …Continue Reading