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

Australian Federal Court stays winding up application to allow arbitration of underlying dispute

The Federal Court of Australia has recently held that a winding up application made in respect of a joint venture company should be stayed and the substantive underlying matters of dispute between the joint venture parties be referred to arbitration … Continue reading

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Filed under Arbitrability, Arbitration clauses, Arbitration laws, Australia, Jurisdiction, Stays, UNCITRAL Model Law

When does “may” mean “shall”? Hong Kong Court rejects argument that permissive language creates either a binding arbitration agreement or a right to compel arbitration

In The Incorporated Owners of Wing Fai Building, Shui Wo Street v Golden Rise (HK) Project Company Limited DCCJ 225/2016, a Hong Kong court considered the effect of a dispute resolution clause that provided that parties "may" refer disputes to … Continue reading

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Filed under Arbitration clauses, Hong Kong & China, Stays

Hong Kong Court of Appeal declines leave to appeal stay in favour of arbitration notwithstanding procedural irregularity

In Wing Bo Building Construction Co Ltd v Discreet Ltd (HCMP 775/2016), the Hong Kong Court of Appeal ("CA") has declined an application for leave to appeal a decision by the Court of First Instance ("CFI") to stay the action … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Hong Kong & China, Stays

Hong Kong court upholds validity of arbitration agreement in dispute concerning formation of underlying contract

In Chee Cheung Hing & Co Ltd v Zhong Rong International (Group) Ltd (HCA 1454/2015), the Hong Kong Court of First Instance ("CFI") stayed proceedings under s.20 Arbitration Ordinance ("the Ordinance"), which provides for referrals to arbitration where "…an action … Continue reading

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Filed under Arbitration laws, Hong Kong & China, Stays

Hong Kong Court extends indemnity costs principle to arbitration agreement challenges

In Chimbusco International Petroleum (Singapore) Pte Ltd v Fully Best Trading Ltd (HCA 2416/2014), the Hong Kong Court of First Instance (CFI) has confirmed that a party who unsuccessfully challenges an arbitration agreement before the court should expect to pay … Continue reading

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Filed under Challenges to awards, Costs, Enforcement, Hong Kong & China, Stays

Singapore Court of Appeal provides guidance on applications to stay proceedings in favour of arbitration and scope of arbitrability

In Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57, a distinguished panel of the Singapore Court of Appeal considered an application to stay court proceedings in favour of arbitration under section 6 of the … Continue reading

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Filed under Arbitrability, Asia, Jurisdiction, South East Asia, Stays

Australian Corporation Act rights no bar to stay of proceedings in favour of arbitration

In Re Ikon Group Ltd (No 2) [2015] NSWSC 981, the New South Wales Supreme Court granted a stay of proceedings in favour of international commercial arbitration.   The relevant arbitration clause was contained in an addendum to a joint venture … Continue reading

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Filed under Arbitration clauses, Australia, Stays

Corporations Act ‘matters’ and the scope of a ‘pathological’ arbitration agreement: Robotunits Pty Ltd v Mennel [2015] VSC 268

Justice Croft of the Victorian Supreme Court handed down judgment on 22 June 2015 in an application for a stay of proceedings and referral to arbitration pursuant to the International Arbitration Act 1974 (Cth) (IAA).

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Filed under Arbitration laws, Australia, Stays

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