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This month’s Newsletter includes, from Hong Kong/China, a new arbitration law for Macau, confirmation from the High Court that an anti-suit injunction constitutes interim relief, and recognition of the principle of severability by a Mainland court; from Singapore, the High Court confirms the importance of the seat of arbitration and clarification of the applicable time limits under Art.34(3) of the Model Law; from England, a useful overview of serious irregularity challenges under s.68 of the Act and, to cap it off, an interesting review of various ICC cases which consider requests for a stay to arbitration resulting from parallel criminal proceedings and an overview of the substantive considerations available to a tribunal when determining whether to grant security for costs.
HONG KONG / CHINA
Posted on November 25th, 2019 by Phillip Rompotis
新澳门仲裁法
The new Macau arbitration law has been gazetted and will come into force in early May 2020. A local law firm provides an overview of the new legislation.
Posted on November 16th, 2019 by Phillip Rompotis
香港法院发出禁制令
The HK High Court grants an anti-suit injunction to restrain court proceedings on the Mainland, confirming that the relief is an "interim measure" within the terms of s.35 and s.45 of the Ordinance (and Article 17 of the Model Law).
Posted on November 11th, 2019 by Phillip Rompotis
仲裁和破产程序
The Court of Appeal dismisses an appeal against a bankruptcy order finding that the debt was not covered by an arbitration clause. The Court also considered recent authorities arising out of the Lasmos case.
Posted on November 10th, 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.
Posted on November 3rd, 2019 by Phillip Rompotis
法院拒绝准予上诉裁决
The HK High Court refuses leave to appeal an award under the Schedule to the Ordinance, finding that the Arbitrator was "not obviously wrong".
ΔΔ Last month, we noted the judgment in Wang Peiji v Wei Zhiyong [2019] HKCFI 2593 (see here), where the Hong Kong High Court confirmed an earlier decision holding that there was 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. For an additional review of this case, see P.Rompotis “Hong Kong – time bars and choice of jurisdiction to bring enforcement proceedings”, first published on Lexis®PSL Arbitration on 12 November 2019.
ENGLAND
Posted on November 28th, 2019 by Phillip Rompotis
英国法院在保险纠纷中授予反诉讼禁令
The English High Court considers an insurance policy containing “service of suit” provisions and continues an anti-suit injunction against the defendant on the basis that it was satisfied that the parties had agreed to submit their dispute to London arbitration.
Posted on November 25th, 2019 by Phillip Rompotis
严重的违规挑战
Section 68 of the English Act provides the basis for challenging an arbitration award where there has been a serious irregularity. This is a useful overview of the (only seven) successful challenges brought under the section, highlighting the difficulties in success.
Posted on November 6th, 2019 by Phillip Rompotis
成功党否认费用
The English Court finds that a successful enforcement action did not entitle the Claimant to an award of costs as it failed to satisfy the requirements of full and frank disclosure.
SINGAPORE
Posted on November 27th, 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.
Posted on November 27th, 2019 by Phillip Rompotis
新加坡法院确认仲裁所在地的重要性
The Singapore Court of Appeal emphasises the importance of the seat of arbitration and that prejudice need not be established to resist enforcement of an award arising out of a wrongly seated arbitration.
MISCELLANEOUS
Posted on November 23rd, 2019 by Phillip Rompotis
仲裁与犯罪行为
The authors examine a number of ICC cases which consider requests for a stay of arbitration proceedings and/or requests relating to the use of evidence submitted within or resulting from criminal proceedings.
Posted on November 13th, 2019 by Phillip Rompotis
仲裁费用的保证
A useful overview of the substantive considerations available to a tribunal when determining whether grant security for costs.