Arbitrium wishes all our readers, subscribers and sponsors the very best for 2020
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This month’s Newsletter includes several cases dealing with a common application in international arbitration proceedings – the anti-suit injunction, including a decision from England where an anti-suit injunction against a non-party was refused; an important English Court of Appeal decision emphasising that an anti-arbitration injunction will only be granted in “exceptional circumstances” and that parties cannot contract out of ss.67 & 68 of the English Act; and a recap of one of the more important issues facing international arbitration practitioners – the seat of arbitration.
HONG KONG / CHINA
Posted on December 6th, 2019 by Phillip Rompotis
香港法院拒绝搁置执行令
In an unusual case, a party filed evidence and sought to resist enforcement of an award but at the hearing advised that it would not advance any arguments to oppose the application to set aside the order granting leave to enforce, thereby leaving the party seeking enforcement to satisfy the court that order ought to be set aside.
Posted on December 15th, 2019 by Phillip Rompotis
香港法院在阿玛尼案中授予反起诉禁令
The Hong Kong High Court grants a permanent anti-suit injunction to stop court proceedings continuing on the Mainland on the basis that they were oppressive, vexatious and brought for the purpose of frustrating the arbitration.
Posted on December 18th, 2019 by Phillip Rompotis
香港法院在反诉讼禁令后审查成本命令
The Hong Kong Court refuses to grant an indemnity costs order following an anti-suit injunction, rejecting an argument that the general approach in arbitration cases to award indemnity costs should be extended against a person who was not a party to the arbitration agreement.
ENGLAND
Posted on December 4th, 2019 by Phillip Rompotis
英国法院驳回上诉
The English Court dismisses an appeal under s.69 of the Act, highlighting the limited circumstances in which parties will be allowed to appeal arbitration awards on a point of law.
Posted on December 10th, 2019 by Phillip Rompotis
英国法院授予反仲裁禁令
In an important decision, the English Court of Appeal grants an anti-arbitration injunction, saying it will do so only in "exceptional circumstances" and that parties cannot contract out of ss.67 & 68 of the English Act.
Posted on December 22nd, 2019 by Phillip Rompotis
仲裁地的重要性
IA practitioners know the importance of the seat of arbitration, and its impact on the conduct of arbitration proceedings and any subsequent court applications to set aside and enforce. A brief recap.
Posted on December 22nd, 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.
SINGAPORE
Posted on December 22nd, 2019 by Phillip Rompotis
仲裁地的重要性
IA practitioners know the importance of the seat of arbitration, and its impact on the conduct of arbitration proceedings and any subsequent court applications to set aside and enforce. A brief recap.
UNITED ARAB EMIRATES
Posted on December 14th, 2019 by Phillip Rompotis
阿拉伯联合酋长国国际仲裁最新动态
The UAE Federal Arbitration Law (No.6 of 2018) came into force on 15 June 2018, and introduced a number of procedural developments relating to the conduct of arbitration proceedings and the enforcement of domestic and international awards before the local UAE courts.