Third-Party Rights

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

Paris Court of Appeal upholds challenge to ICC treaty award and rejects third party intervention in resisting application to set aside

The Paris Court of Appeal has upheld a challenge to an International Chamber of Commerce (ICC) investment treaty award (Cour D'Appel de Paris, Pole 1 – Chambre 1, 15 March 2016, n° 14/19164). This is the latest instalment in the … Continue reading

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Filed under Arbitration proceedings, Challenges to awards, Institutions, Investment Arbitration, Third-Party Rights

French Supreme Court allows joint guarantors to challenge arbitral award

In a decision dated 5 May 2015 (Cass. Com. 5 mai 2015, 14-16.644, available at: https://www.courdecassation.fr/jurisprudence_2/chambre_commerciale_574/424_5_31676.html) concerning French domestic arbitration law, the French Supreme Court (Cour de cassation) accepted, for the first time, that a joint guarantor could challenge an … Continue reading

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Filed under Awards, Challenges to awards, Europe, Third-Party Rights

You’re (not) welcome to the arbitration! The Singapore court considers powers to order joinder

In The Titan Unity (No. 2) [2014] SGHCR 04, an Assistant Registrar refused to grant, amongst others, a party’s application for an order that it be allowed to join arbitration proceedings that were on foot.  The Singapore court refused the … Continue reading

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Filed under Arbitration laws, South East Asia, Third-Party Rights

Arbitration and related third parties: Victorian Court of Appeal to rule on application to stay litigation based on upstream NZ arbitration agreement

In a recent decision,[1] the Supreme Court of Victoria rejected a New Zealand company’s application to stay a third party claim against it. The NZ company argued that that the claim was required to be referred to arbitration and that … Continue reading

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Filed under Arbitrability, Arbitration clauses, Australia, New York Convention, Third-Party Rights

Court of Appeal grapples with the relationship between an arbitration clause and the rights of third parties: decision in Fortress Value case upheld but on different reasons

In May 2012, the Commercial Court dealt with the circumstances in which a third party beneficiary of a right under a contract will be treated as a party to the arbitration agreement therein under the Contracts (Rights of Third Parties) … Continue reading

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Filed under Arbitration clauses, Europe, Third-Party Rights

Commercial Court provides guidance as to the circumstances in which the enforcement of contractual rights by third parties will be subject to an arbitration agreement

The recent decision of the Commercial Court (Blair J) in Fortress Value Recovery Fund I LLC & Ors v Blue Skye Special Opportunities Fund LP & Ors [2012] EWHC 1486 (Comm) provides guidance as to the circumstances in which the … Continue reading

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Filed under Enforcement, Third-Party Rights