Arbitration clauses

Australian Corporation Act rights no bar to stay of proceedings in favour of arbitration

In Re Ikon Group Ltd (No 2) [2015] NSWSC 981, the New South Wales Supreme Court granted a stay of proceedings in favour of international commercial arbitration.   The relevant arbitration clause was contained in an addendum to a joint venture … Continue reading

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Filed under Arbitration clauses, Australia, Stays

Fifth edition of our Legal Guide on Dispute Resolution and Governing Law Clauses in India-related Commercial Contracts

Herbert Smith Freehills has published a new edition of its well-regarded guide on dispute resolution and governing law clauses in India-related commercial contracts. The Guide is intended to assist in-house counsel who handle India-related commercial contracts on behalf of non-Indian … Continue reading

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Filed under Arbitration clauses, India, News

English High Court considers the proper construction of an arbitration clause to determine whether the ICC has jurisdiction to arbitrate the dispute

In Hashwani v OMV Maurice Energy Ltd [2015] EWHC 1811 (Comm), the English High Court (the Court) dismissed an application by reference to section 72 of the English Arbitration Act 1996 (the Act) challenging the jurisdiction of the International Chamber … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Europe, Jurisdiction

French Supreme Court refuses to apply a unilateral jurisdiction clause

In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction clause requires one party to bring proceedings in one jurisdiction only, while the other may choose to … Continue reading

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Filed under Arbitration clauses, Brussels Regulation, Europe, Jurisdiction

High Court of Hong Kong requires strong reasons to refuse to enjoin foreign proceedings brought in breach of Hong Kong arbitration clause

In the recent case of Ever Judger Holding Company Limited v Kroman Celik Sanayii Anonim Sirketi (HCCT 6/2015), the Hong Kong Court of First Instance (CFI) granted an anti-suit injunction to restrain the further conduct of litigation commenced in Turkey … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Hong Kong & China

The English High Court finds that arbitration clause “trumps” insolvency rules

The case of Philpott & Orton v Lycee Francais Charles De Gaulle School serves as a welcome reminder that the English court will strictly enforce agreements to arbitrate by ordering a mandatory stay of court proceedings, even in contexts where … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Europe

Hong Kong confirms pragmatic approach to enforcement, limited rights of appeal and signals views on “CIETAC split” clauses

In 廣東長虹電子有限公司 v Inspur Electronics (HK) Ltd (HKMP 434/2015), the Hong Kong Court of Appeal has confirmed a lower court’s order to enforce a Mainland award, reiterating Hong Kong’s “deliberate policy of restricting the rights of appeal” in respect of … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Awards, Challenges to awards, Enforcement, Hong Kong & China

Podcast- multi-tier dispute resolution clauses and arbitration

In this short podcast, Partner, Craig Tevendale and Professional support lawyer, Hannah Ambrose, look at multi-tier dispute resolution clauses involving arbitration. The podcast considers the benefits of these clauses (also known as escalation clauses), the approach taken by the courts … Continue reading

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Filed under Arbitration clauses, Podcast, Podcasts

Arbitration in the Middle East – expectations and challenges for the future

Craig Shepherd and Mike McClure from the HSF office in Dubai have co-edited a TDM (Transnational Dispute Management) Special entitled “Arbitration in the Middle East – expectations and challenges for the future”, that was published today.  The Special considers a … Continue reading

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Filed under Arbitration clauses, Awards, Middle East, News

Decision of the French Supreme Court on the binding nature of escalation clauses under French law

Businesses may seek to avoid court or arbitration proceedings for various reasons, including the risk of irreparable damage to business relationships, the lack of certainty inherent in legal action and, obviously, costs. This aversion has contributed to the development of alternative dispute resolution … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Europe