Court intervention

New Zealand considers further amendments to its Arbitration Act

On 9 March 2017, the Arbitration Amendment Bill (Bill) was introduced to the New Zealand Parliament. The Bill proposes to amend the Arbitration Act 1996 (Act), and follows recommendations by the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ). The … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Confidentiality, Court intervention

Should I stay or should I go? Singapore High Court declines to stay arbitration pending review of jurisdictional ruling

Overview In a recent ex tempore judgment in the case of Loblaw Companies Limited v Origin & Co Ltd & Another [2017] SGHC 59 ("Loblaw v Origin"), the Singapore High Court declined to exercise its discretion under s10(9) of the … Continue reading

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Filed under Asia, Court intervention, Jurisdiction, Stays

Australian Court provides guidance on Art 33(3) of the Model Law, the doctrine of functus officio and when a ‘Final Award’ is not ‘final’

In Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd [2017] VSC 97, Croft J of the Victorian Supreme Court confirmed that a party is not required to rely on, or comply with the time constraint in, Art 33(3) of … Continue reading

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Filed under Arbitration laws, Australia, Awards, Costs, Court intervention, Stays, UNCITRAL Model Law

The DIFC’s conduit jurisdiction under attack? The Dubai Court attempts to reverse Banyan Tree

Following on from our reporting on the controversial first decision of the Judicial Tribunal in Daman Real Capital Partners Company LLC v. Oger Dubai LLC, Cassation No. 1 of 2016 (JT) (click here), there has been significant commentary on the … Continue reading

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Filed under Awards, Court intervention, DIFC, Enforcement, Middle East

Australian Full Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement

On 25 January 2017, the Full Federal Court of Australia dismissed Trina Solar US, Inc.’s (Trina) appeal from an earlier decision of a single Federal Court Judge not to exercise residual discretion to refuse Jasmin Solar Pty Ltd (Jasmin) leave to … Continue reading

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Filed under Arbitration clauses, Australia, Court intervention, Enforcement, The Americas, Third-Party Rights

Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments

In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and clarified the principles which apply to an application under section 18 of the English Arbitration … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Arbitration proceedings, Arbitrators, Court intervention, EU, Europe, Jurisdiction

French Conseil d’État rules on scope of powers to set aside arbitral awards / Le Conseil d’État s’est prononcé sur l’étendue de son contrôle s’agissant de l’annulation d’une sentence arbitrale internationale

In a decision of 9 November 2016, the French Conseil d’État, France's highest administrative jurisdiction, ruled on the extent of its scope of review as regards annulment of an international arbitral award. The decision relates to an ICC arbitral award … Continue reading

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Filed under Advice on State Contracts and Disputes, Court intervention, Enforcement

Astro v Lippo: First Media’s Hong Kong appeal dismissed

Hong Kong's Court of Appeal (CA) has given judgment in the latest instalment of the dispute between Malaysia's Astro media group and Indonesia's Lippo. On 5 December 2016, the CA dismissed an appeal by First Media, a Lippo Group entity, … Continue reading

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Filed under Arbitration proceedings, Asia, Challenges to awards, Court intervention, Enforcement, Hong Kong & China, Jurisdiction, Uncategorized, UNCITRAL Model Law

The English High Court extends an anti-suit injunction against proceedings brought in breach of an arbitration agreement

In the latest chapter of a long-running dispute (John Forster Emmott v Michael Wilson & Partners [2016] EWHC 3010 (Comm)), different aspects of which have been considered by various jurisdictions around the world for over ten years, the English High … Continue reading

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Filed under Arbitration clauses, Arbitration proceedings, Court intervention, Interim relief

Guide to Dispute Resolution in Africa: 2nd edition

Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising the key dispute resolution procedures and trends in each of Africa's 54 diverse jurisdictions. Since its publication in 2013, the first edition of the Guide has … Continue reading

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Filed under Africa, Arbitration laws, Court intervention, Publications and Guides