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.
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.
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.Continue Reading
Herbert Smith Freehills review the Malaysia High Court’s decision in Dato’ Seri Timor Shah Rafiq …Continue Reading
Herbert Smith Freehills review the decision in Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn …Continue Reading
Albert Monichino QC reviews the recent Australian High Court decision in Rinehart v Hancock Prospecting …Continue Reading
Herbert Smith Freehills review the English Commercial Court’s decision in Dreymoor Fertilisers Overseas PTE Ltd, …Continue Reading
RPC review the English Court’s 2017 decision in Michael Wilson & Partners Limited v Sinclair …Continue Reading