Arbitration clauses

When does “may” mean “shall”? Hong Kong Court rejects argument that permissive language creates either a binding arbitration agreement or a right to compel arbitration

In The Incorporated Owners of Wing Fai Building, Shui Wo Street v Golden Rise (HK) Project Company Limited DCCJ 225/2016, a Hong Kong court considered the effect of a dispute resolution clause that provided that parties "may" refer disputes to … Continue reading

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Filed under Arbitration clauses, Hong Kong & China, Stays

English High Court refuses to determine the existence of a disputed arbitration clause prior to the commencement of arbitration proceedings

In a recent decision, the English High Court determined that it would be wrong in principle for the court to determine whether parties to a disputed contract had entered into a binding arbitration agreement in circumstances where one party intended … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Arbitration proceedings, Court intervention, Jurisdiction

Hong Kong CFI stays proceedings in favour of arbitration notwithstanding defendant’s submission to Hong Kong courts; upholds arbitration agreement contained in related contract

The Hong Kong CFI has stayed a claim under a deed of guarantee pending arbitration on the basis of an arbitration agreement in a Subscription Agreement containing the guaranteed obligations (Bluegold Investment Holdings Ltd v Kwan Chun Fun Calvin [2016] … Continue reading

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

“Any Party may submit a dispute to arbitration”: Privy Council interprets permissive language as giving parties the right to compel arbitration by giving notice after litigation begins

In the case of Anzen Limited and others (Appellants) v Hermes One Limited (Respondent) (British Virgin Islands), the Privy Council ("PC") considered the impact of a dispute resolution clause providing that "any Party may submit the dispute to binding arbitration". … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Jurisdiction

Video Post in Observations on Arbitration series: the Seat of Arbitration

In this short video in our Observations on Arbitration series, Hannah Ambrose, Professional Support Consultant in our International Arbitration practice, considers the relevance of the choice of seat of arbitration. Hannah discusses what the legal and practical consequences of the choice … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Arbitration rules, Video

Thai Government Lifts Total Ban on Arbitration Clauses in State Contracts

A recent Thai Cabinet resolution relaxes the restriction on arbitration clauses in some public contracts.  The resolution is seen as a positive move for arbitration and investment in Thailand, but more remains to be done. The New Cabinet Resolution On … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration clauses, Asia, South East Asia

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