Arbitration clauses

Commercial Arbitration in Australia: Restraining Arbitration to Protect the Integrity of the Court Process

In the recent decision of Caratti v Caratti [No 2],1 Justice Allanson of the Supreme Court of Western Australia granted an interlocutory injunction restraining a party to the proceedings from commencing arbitration. In so doing, His Honour clarified the operation … Continue reading

Leave a Comment

Filed under Arbitration clauses, Australia

Indian Supreme Court upholds ‘unworkable’ arbitration clause while ensuring that supervisory jurisdiction over the arbitration only lies with the Indian Courts

Adding to the welcome suite of recent pro-arbitration decisions from the Indian judiciary, the Indian Supreme Court in Enercon (India) Ltd and Ors v Enercon Gmbh and Anr,¹ applied the principles of severability of the arbitration clause from the underlying contract … Continue reading

1 Comment

Filed under Arbitration clauses, Arbitrators, Asia, India

Commercial Court provides guidance on “serious irregularity” and confirms arbitral tribunal has jurisdiction to determine contractual rights and obligations in light of criminal conduct

In the recent decision of Interprods Ltd v De La Rue International Ltd [2014] EWHC 68 (Comm), the English Commercial Court dismissed the challenges under sections 67 and 68 of the Arbitration Act 1996 (the Act) against an arbitral award. … Continue reading

2 Comments

Filed under Arbitration clauses, Challenges to awards, Europe

Indian Supreme Court upholds ability of arbitrators to decide issues of fraud

In another pro-arbitration decision emanating from the Supreme Court of India in the case of World Sport Group (Mauritius) Ltd v MSM Satellite (Singapore) Pte Ltd,¹ the court referred to arbitration a dispute involving allegations of fraud. In doing so, … Continue reading

Leave a Comment

Filed under Arbitration clauses, Asia, India, New York Convention

Commercial Court reaffirms the importance of Sulamérica in determining the law of the arbitration agreement in circumstances where choice of seat was agreed without actual authority

In the recent decision of Habas Sinai Ve Tibbi Gazlar Istihsal Andustrisi AS and VSC Steel Company Ltd [2013] EWHC 4071 (Comm), the English Commercial Court summarised the guidance provided in Sulamérica Cia Nacional De Seguros S.A. and others v … Continue reading

Leave a Comment

Filed under Arbitration clauses, Europe

Upcoming Webinar: Global Arbitration Highlights of 2013

Wednesday 22nd January 2014, 12.30pm – 1.30pm UK time This webinar, chaired by partner, Matthew Weiniger,will focus on the global arbitration highlights of 2013 and look ahead to the key milestones and events of 2014.

1 Comment

Filed under Arbitration clauses, Arbitrators, Challenges to awards, Enforcement, Institutions, News

Arbitration and related third parties: Victorian Court of Appeal to rule on application to stay litigation based on upstream NZ arbitration agreement

In a recent decision,[1] the Supreme Court of Victoria rejected a New Zealand company’s application to stay a third party claim against it. The NZ company argued that that the claim was required to be referred to arbitration and that … Continue reading

Leave a Comment

Filed under Arbitrability, Arbitration clauses, Australia, New York Convention, Third-Party Rights

Madrid Court of Appeal affirms optional dispute resolution clause

On 18 October 2013, the Madrid Court of Appeal (the Court of Appeal) affirmed the validity of an optional dispute resolution clause which provided for disputes to be resolved either before an arbitration tribunal or national courts. The Court of … Continue reading

Leave a Comment

Filed under Arbitrability, Arbitration clauses, Europe

The future of financial services arbitration

Recent years have seen rapid growth in the use of arbitration as a means of resolving disputes in the financial services sector, an area where English or New York court jurisdiction has traditionally been favoured by market participants.  This trend … Continue reading

Leave a Comment

Filed under Arbitration clauses, Finance

South Korean Courts Twice Refuse to Enforce International Arbitral Awards

In our two previous blogs¹ on South Korea we commented on the opening of the Seoul International Dispute Resolution Centre and noted that this, together with the liberalisation of its legal market and the introduction of the Korean Commercial Arbitration … Continue reading

Leave a Comment

Filed under Arbitration clauses, Asia, Enforcement, New York Convention, South East Asia