International Arbitration Newsletter No.6

We are delighted to report that in the space of only a few months, Arbitrium now boasts a subscriber list of nearly 1,800 specialist international arbitration practitioners from around the globe.  Many of these subscribers have also joined the Arbitrium group on LinkedIn.  

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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.


New Arbitration Law for Macau

Posted on November 25th, 2019 by Phillip Rompotis

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.

HK Court Grants Anti-Suit Injunction as Interim Measure

Posted on November 16th, 2019 by Phillip Rompotis

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).

Arbitration and Winding Up - Lasmos 3rd Limb Considered

Posted on November 11th, 2019 by Phillip Rompotis

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.

Mainland Court Recognises Principle of Severability

Posted on November 10th, 2019 by Phillip Rompotis

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.

Arbitrator "Not Obviously Wrong" - Refuses Leave to Appeal

Posted on November 3rd, 2019 by Phillip Rompotis

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.


English High Court Grants Anti-Suit Injunction in Insurance Dispute

Posted on November 28th, 2019 by Phillip Rompotis

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.

Overview of s.68 Serious Irregularity Challenges

Posted on November 25th, 2019 by Phillip Rompotis

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.

Award Enforced But Successful Party Denied Costs

Posted on November 6th, 2019 by Phillip Rompotis

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 Court Clarifies Art.34(3) ML Time Limits & Rejects Natural Justice Objections

Posted on November 27th, 2019 by Phillip Rompotis

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.

Singapore CA Confirms the Importance of the Seat of Arbitration

Posted on November 27th, 2019 by Phillip Rompotis

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.


Interplay Between Arbitration and Criminal Proceedings

Posted on November 23rd, 2019 by Phillip Rompotis

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.

Security For Costs in International Arbitration

Posted on November 13th, 2019 by Phillip Rompotis

A useful overview of the substantive considerations available to a tribunal when determining whether grant security for costs.

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.


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