Tag Archives: Jurisdiction

Hong Kong Court rules on staying execution of arbitral enforcement order

Overview In Israel Sorin (IZZY) Shohat v Balram Chainrai [2017] HKEC 1118, the Hong Kong Court of First Instance considered that enforcement of arbitral awards should be subject to the same regime as governs the stay of execution of an … Continue reading

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Filed under ADR, Asia, Enforcement, Hong Kong & China

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

High Court confirms UNCITRAL Tribunal Award on jurisdiction

The High Court has confirmed an UNCITRAL Tribunal's Award on Jurisdiction, which rejected jurisdiction under an investment contract (Contract) and the 1994 Kazakh Law on Foreign Investment (FIL). The Court placed particular emphasis on expert evidence of the principles of … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Investment Arbitration, Jurisdiction

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

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

Gavin v Gaynor: Important further clarification on DIFC court jurisdiction and identifying place of arbitration

On 3 April 2016, the DIFC Court ordered a stay of proceedings on the basis that, in light of the existence of parallel proceedings in the Californian courts on substantially similar grounds, the Claimant's commencement of a claim before the … Continue reading

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Filed under Arbitration laws, Jurisdiction

Court of Appeal clarifies the English Court’s jurisdiction under section 67 of the Arbitration Act: the Court is not required to make any order at all even if the application is well-founded

The recent decision of the English Court of Appeal in Integral Petroleum SA v Melars Group Limited considers the jurisdiction of the court under s67 of the English Arbitration Act 1996 (the Act). S67 deals with challenges to an arbitral … Continue reading

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Filed under Arbitration Act 1996, Awards, Challenges to awards, Jurisdiction

Trends in choice of governing law & jurisdiction in cross-border transactions in Asia: Singapore Academy of Law publishes study

On 10 January 2016, the Singapore Academy of Law (SAL) published the results of its study on preferences for the choice of governing law and jurisdiction made by those involved in cross-border transactions "in Singapore and the region" (the Study).  … Continue reading

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Filed under Asia, Global Pound Conference, Jurisdiction, 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

Competing jurisdiction clauses in a multi-contract scenario: a potential case management solution from Hong Kong

In the recent case of CPC Construction Hong Kong Limited v Harvest Engineering (HK) Limited and another (HCA 2096/2013), a series of loan agreements set out for litigation to resolve disputes, while a broader, related subcontract, set out for disputes … Continue reading

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Filed under Hong Kong & China, Jurisdiction