Tag Archives: Exclusive jurisdiction

English High Court refuses stay of proceedings despite possible overlap with issues subjected to parallel ICC arbitration proceedings.

A consortium of construction companies (the Consortium) was unsuccessful in obtaining a stay of court proceedings pending before the English High Court (the Court), even though parallel related ICC arbitration proceedings are ongoing. The Court rejected the application for a … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Europe, Jurisdiction, Stays

The European Court of Justice renders its opinion on the EU-Singapore free trade agreement: investment chapter is not within EU’s exclusive competence

On 16 May, 2017 the European Court of Justice (the Court) rendered its Opinion on the competence of the European Union to conclude the Free Trade Agreement (FTA) with Singapore. The Opinion recognises exclusive EU competence over most of the … Continue reading

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Filed under Asia, EU, EU Law, Europe, Investment Arbitration, ISDS, Public International Law, South East Asia

English High Court: No inconsistency between exclusive jurisdiction and arbitration provisions

In Exmek Pharmaceuticals SAC v Alkem Laboratories Limited [2015] EWHC 3158 (Comm), the claimant ("Exmek") challenged an arbitral award for want of substantive jurisdiction, on grounds including the validity of the arbitration agreement; tacit abandonment by the defendant of reliance … Continue reading

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Filed under Awards, Jurisdiction