Arbitration clauses

US District Court for the Southern District of New York confirms interim arbitration award

In Companion Property and Casualty Insurance Company v Allied Provident Insurance, Inc. (2014 U.S. Dist. LEXIS 136473), District Judge Nathan in the Southern District of New York (SDNY) confirmed an interim arbitration award ordering payment of security for certain contractual … Continue reading

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Filed under Arbitration clauses, Awards, Challenges to awards, Enforcement, The Americas

Next video post in the “Observations on Arbitration” series: Enforcement of Awards

In the next of our video posts in the “Observations on Arbitration” series, Matthew Weiniger QC discusses the enforcement of arbitration awards, including: when enforcement should be considered; key considerations to assist enforceability; the differences between recognition and enforcement; enforcement under the … Continue reading

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Filed under Arbitrability, Arbitration clauses, Awards, Challenges to awards, Enforcement, New York Convention, Sovereign Immunity

The Longlide case and its impact, or non-impact, on Sino-foreign arbitration clause drafting

For almost a decade, the validity of arbitration clauses that subject a Sino-foreign contract dispute to arbitration before a foreign arbitration institution, but with a seat in China,[1] has been controversial. Many practitioners and commentators believe, for a variety of … Continue reading

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Filed under Arbitration clauses, Arbitration rules, Asia, Hong Kong & China

English High Court: requirement to engage in time limited “friendly discussions” before arbitration is enforceable

In the 1 July 2014 decision in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), Teare J considered whether the parties’ agreement to first seek to resolve a dispute by “friendly discussion” constituted an … Continue reading

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Filed under ADR, Arbitration clauses, Australia, Europe

Going South …. Singapore High Court diverges from English Court’s position on governing law of the arbitration agreement

The recent decision of the Singapore High Court in FirstLink Investments Corp Ltd v. GT Payment Pte Ltd and others [2014] SGHCR 12 highlighted the importance of making an express choice as to the law governing an arbitration agreement, in … Continue reading

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Filed under Arbitration clauses, Arbitration laws, South East Asia

“Dispute Resolution and Governing Law Clauses in China-related Commercial Contracts” – 6th edition now available

Herbert Smith Freehills has published the 6th edition of our popular guide “Dispute Resolution and Governing Law Clauses in China-related Commercial Contracts” (also known as the “Dragon Book”) The guide is aimed principally at multinational companies negotiating China-related commercial contracts. … Continue reading

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Filed under Arbitration clauses, Asia, Hong Kong & China

International contracts and application of the Late Payments of Commercial Debts (Interest) Act 1998: London arbitration clause does not provide a “significant connection” to England

In an appeal on a point of law under s69 of the Arbitration Act 1996 in Martrade Shipping & Transport GmbH v United Enterprises Corporation, the Commercial Court considered the applicability of the Late Payment of Commercial Debts (Interest) Act … Continue reading

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Filed under Arbitration clauses, Europe

English court refuses stay of proceedings for clause requiring parties to “endeavour” to arbitrate

Despite the English court’s benevolent approach to the construction of arbitration clauses, the recent case of Christian Kruppa v Alessandro Benedetti and Bertrand des Pallieres [2014] EWHC 1887 (Comm) gives a clear warning as to the limits of the court’s … Continue reading

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Filed under Arbitration clauses, Europe

Indian Supreme Court Gives Further Reassurance on the Limits of its Jurisdiction in Cases of Arbitration Seated Outside India

In a welcome addition to the recent suite of pro-arbitration decisions emanating from India, in the case of Reliance Industries Limited & Anr v Union of India, the Supreme Court of India overturned the decision of the Delhi High Court … Continue reading

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Filed under Arbitration clauses, India

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

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Filed under Arbitration clauses, Australia