Arbitration clauses

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

English Court of Appeal considers whether the mandatory stay provisions of s9(1) of the Arbitration Act of 1996 apply to winding-up petitions

The English Court of Appeal dismissed an appeal brought against a recent High Court decision to stay a winding-up petition in favour of arbitration proceedings, in Salford Estates (No. 2) Limited v Altomart Limited [2014] EWCA 575 Civ. Agreements to … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Stays

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, Video

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