Arbitration clauses

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

Stay of enforcement of guarantee on basis that guarantor agrees to be bound by pending arbitration award

In [Stemcor UK Ltd v Global Steel Holdings Ltd and Pramod Mittal] the English High Court (the Court) was required to consider the Claimant’s application for summary judgment in respect of its claim for sums payable pursuant to two guarantees, … Continue reading

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Filed under Arbitration clauses, Enforcement, Europe, Stays

Podcast – Unilateral Arbitration Clauses: Enforcement Issues and Drafting

In this short podcast, senior professional support lawyers Hannah Ambrose and Vanessa Naish look at some of the issues surrounding unilateral arbitration clauses. Unilateral arbitration clauses are dispute resolution agreements which provide for either litigation with an option for one … Continue reading

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Filed under Arbitration clauses, Podcast, Podcasts

Hong Kong Court casts doubt on enforceability of ICC awards made in Mainland China

The Hong Kong Court of First Instance has declined to set aside a partial award for lack of jurisdiction where the arbitration clause provided for ICC arbitration “in China” and the ICC had determined that the seat was Hong Kong, … Continue reading

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

Inconsistent dispute resolution clauses – English court emphasises presumption that parties’ intention must be for “one-stop adjudication”

The English Commercial Court has found that an arbitration clause in a consultancy agreement was superseded by a jurisdiction clause in a later settlement agreement. The court emphasised the “presumption in favour of one-stop adjudication“, and that, given the sequence … Continue reading

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Filed under Arbitration clauses, Europe

English Court construes arbitration agreement reconciling two conflicting arbitration clauses

In the recent decision Transgrain Shipping BV v Deiulemar Shipping SpA (in liq) & Eleni Shipping Ltd [2014] EWHC 4202 (Comm), the English Commercial Court refused an application under s 67 of the Arbitration Act 1996 to set aside an … Continue reading

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Filed under Arbitration clauses, Arbitrators, Challenges to awards

Podcast – “Arbitration in multi-party and multi-contract scenarios- what you need to know”

In this short podcast, senior professional support lawyers Hannah Ambrose and Vanessa Naish look at some of the issues surrounding the drafting of arbitration clauses for complex transactions, and provide insight into how to draft consolidation and joinder provisions to … Continue reading

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Filed under Arbitration clauses, Arbitration rules, Institutions, Podcasts

Hong Kong court confirms pro-arbitration interpretation of mandatory stay provision

In Schindler Lifts (Hong Kong) Ltd v Sui Chong Construction and Engineering Co Ltd [2014] HKEC 1967, the Hong Kong District Court ordered stay of an action pending referral of the dispute to arbitration, despite the defendant having filed a … Continue reading

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Filed under Arbitration clauses, Hong Kong & China

ISDA Arbitration Guide – one year on

One year on since the International Swaps and Derivatives Association (“ISDA“) published its 2013 Arbitration Guide, the ISDA Arbitration Committee recently met in London to discuss the reception to the Guide, and to consider any proposals for amendment or expansion. … Continue reading

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Filed under Arbitration clauses, Arbitration rules, Institutions