Arbitration clauses

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

Filed under Arbitration clauses, Arbitration rules, Institutions, Podcasts