非仲裁方–主张“直通”或“直通”的观点
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.

香港法院拒绝就隧道纠纷提起上诉
The HK Court dismisses an application for setting aside and remission of awards on the grounds of serious irregularity and alleged failure to present case, with a helpful restatement of the applicable legal principles.

仲裁和破产程序
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.

第三方争议资金
A practical overview of third party funding in belt and road disputes in the main arbitral seats together with practical takeaways on what a party should consider when considering third party funding and tips to ensure its use is successful.

关于仲裁裁决挑战的最新信息
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.

新加坡法院驳回撤销仲裁裁决的申请
The Singapore High Court dismisses an application to set aside an arbitration award under A.34 of the Model Law, finding that the tribunal had jurisdiction and that its composition was in accordance with the parties' agreement.

《示范法》第16条第3款规定的30天期限不能延长
The court in BXS held that the time for making an application to set aside under Article 34(3) could not be extended. One month later, in BXY, the SICC reaches the same conclusion in respect of Article 16(3) of the Model Law.

英国法院暂缓执行仲裁裁决和命令安全
The English High Court stays enforcement proceedings in England under s.103(5) of the Arbitration Act in favour of pending set aside proceedings and orders the party resisting enforcement to provide security for the award.

印度高等法院执行裁决并指示支付押金
Enforcement of SIAC awards challenged on a number of grounds, including jurisdiction and breach of natural justice, rejected by the Delhi High Court who orders the judgment debtor to deposit the underlying sum.

非仲裁方–主张“直通”或“直通”的观点
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.

开曼群岛国际仲裁动态
A number of recent decisions from the courts in the Cayman Islands affirm the judiciary's experience in dealing with arbitration-related disputes.

美国法院拒绝执行裁决
A US court finds that a final judgment setting aside an award at the seat is generally conclusive, that the public policy exception is narrow and infrequently met, thereby refusing to enforce an award set aside in Nigeria.

In this month's Newsletter, Arbitrium features an update in relation to the legal impact of the coronavirus outbreak, bringing together posts from a range of law firms at the forefront of advising commercial parties, and a range of judgments dealing with set-aside applications from England, Hong Kong and Singapore.

This month, Arbitrium features a post published in relation to the legal impact of the coronavirus outbreak, highlighting the key issues for businesses. Further, an interesting decision from the Malaysian High Court which considered the test for an application to subpoena a witness to produce documents for the purpose of an arbitration and give evidence in arbitration proceedings and a range of case notes from England in relation to ss. 67, 68 and 69 of the Arbitration Act.

This month, Arbitrium brings you a range of cases including, from Singapore, the Court of Appeal’s decision in BXS v BNY (overturning the High Court on the question of the right seat of arbitration), and a High Court decision dealing with the public policy ground of objection and time limits ; a raft of cases from England, including a CA decision concerning the governing law of an arbitration agreement and consideration of no oral modification provisions; and an interesting link to the “Disputes Clause Finder”, an online tool which provides users with tailored dispute resolution clauses.

Arbitrium wishes all our readers, subscribers and sponsors the very best for 2020. This month, we welcome two additional sponsors, Hong Kong law firms GPS McQuhae LLP and Yang Chau Law Office and report on several cases dealing with anti-suit injunction applications.

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.  Thank you to all our readers, our contributors and our sponsors for their support.

A range of cases from Hong Kong, England, Malaysia and Singapore including an update on the Arrangement Concerning Mutual Measures between Hong Kong and the Mainland, an Arbitrator's duty of impartiality and independence, and a host of enforcement-related cases.

国际仲裁通讯第4号
This month, in addition to the usual International Arbitration updates from around the globe, we highlight an issue which arises regularly and continues to vex courts around the world - the extent to which third parties/non-signatories may rely on or be bound by an arbitration agreement.

In addition to the usual IA updates from around the globe, we highlight two cases, a HK CA decision dealing with a stay application in the context of insolvency proceedings, the other from Singapore refusing an extension of time to bring a setting aside application under Article 34 of the Model Law.

This month, a series of cases from Malaysia dealing with injunctions, including to restrain the calling of performance bonds and the grant of an anti-arbitration injunction, as well as a review of the Rakna decision from Singapore, concerning the effects to enforcement of non-participation in the arbitration proceedings.

An interesting array of legal developments this month including the Hong Kong court's refusal to grant a stay to arbitration under Article 8 ML, and a range of enforcement-related cases from Hong Kong, Singapore and England.