This month, in addition to the usual IA 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.
Courts around the world have adopted a range of approaches including incorporation by reference, assumption, agency, veil-piercing/alter-ego and estoppel. The issue is an important one as transactions frequently involve performance by parties that are not actual signatories to the contract in issue, including sureties, sub-contractors, lenders, and third-party beneficiaries.
This post considers Reinhart, a recent Australian High Court decision, and refers to various other judgments from around the world that have considered the impact of non-signatories in arbitration.
非仲裁方-主张“直通”或“直通”的观点
Non-Parties to Arbitration - The View On Claiming "Through Or Under"
Posted on September 3rd, 2019 by Phillip RompotisHong Kong / China
香港法院拒绝就隧道纠纷提出严重不当上诉理由
HK Court Rejects Serious Irregularity Ground Of Appeal In Tunnel Dispute
Posted on September 4th, 2019 by Phillip Rompotis仲裁与破产之间的关系-香港法院认为
Arbitration And Winding Up – Lasmos & But Ka Chon Considered by HK Court
Posted on September 11th, 2019 by Phillip Rompotis中国仲裁争议的第三方资助
Third Party Funding Of Belt & Road Disputes
Posted on September 13th, 2019 by Phillip Rompotis仲裁裁决的挑战更新
Update On Challenges to Arbitration Awards
Posted on September 17th, 2019 by Phillip RompotisSingapore
新加坡法院拒绝申请撤销裁决
Singapore Court Rejects Application To Set Aside Award
Posted on September 5th, 2019 by Phillip Rompotis《示范法》第16条第3款规定的30天期限不能延长
30-Day Time Limit Under Article 16(3) Of Model Law Cannot Be Extended
Posted on September 24th, 2019 by Phillip RompotisEngland / Europe
英国法院暂缓执行裁决程序和命令的安全性
English Court Stays Award Enforcement Proceedings And Orders Security
Posted on September 5th, 2019 by Phillip RompotisIndia
印度高等法院执行裁决并指示支付押金
India High Court Enforces Award And Directs Payment Of Deposit
Posted on September 14th, 2019 by Phillip RompotisAustralia
非仲裁方-主张“直通”或“直通”的观点
Non-Parties to Arbitration - The View On Claiming "Through Or Under"
Posted on September 3rd, 2019 by Phillip RompotisCayman Islands
开曼群岛国际仲裁动态
Cayman Islands International Arbitration Developments
Posted on September 5th, 2019 by Phillip RompotisUnited States of America
美国法院拒绝执行在仲裁所在地的裁决
US Court Refuses To Enforce Award Set Aside At The Seat Of Arbitration
Posted on September 9th, 2019 by Phillip RompotisView Previous Newsletters
以前的新闻通讯
Arbitrium Newsletter No. 13 - 1 June 2021
Posted on June 1st, 2021 by Phillip RompotisArbitrium Newsletter No. 12 - 1 January 2021
Posted on January 2nd, 2021 by Phillip RompotisArbitrium Newsletter No. 10 - 1 April 2020
Posted on April 1st, 2020 by Phillip Rompotis
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.
Arbitrium Newsletter No. 9 - 4 March 2020
Posted on March 4th, 2020 by Phillip Rompotis
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.
Arbitrium Newsletter No. 8 - 2 February 2020
Posted on February 2nd, 2020 by Phillip Rompotis
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.
International Arbitration Newsletter No.7 - 1 January 2020
Posted on January 2nd, 2020 by Phillip RompotisInternational Arbitration Newsletter No.6
Posted on December 2nd, 2019 by Phillip Rompotis
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.
Arbitrium Monthly Newsletter No.5
Posted on November 1st, 2019 by Phillip RompotisInternational Arbitration Newsletter No.4
Posted on October 1st, 2019 by Phillip RompotisInternational Arbitration Newsletter No.3
Posted on September 1st, 2019 by Phillip Rompotis
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.