Tag Archives: Validity of arbitration agreement

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

‘Which came first, the chicken or the egg?’: Singapore High Court upholds competence-competence where existence of arbitration agreement in dispute

In its recent decision in Malini Ventura v Knight Capital Pte Ltd & others [2015] SGHC 225, the Singapore High Court has dismissed an application made under s. 6(2) of the International Arbitration Act (“IAA“) for an injunction to stay … Continue reading

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Filed under Asia, Jurisdiction, South East Asia, Uncategorized

Commercial Court reaffirms the importance of Sulamérica in determining the law of the arbitration agreement in circumstances where choice of seat was agreed without actual authority

In the recent decision of Habas Sinai Ve Tibbi Gazlar Istihsal Andustrisi AS and VSC Steel Company Ltd [2013] EWHC 4071 (Comm), the English Commercial Court summarised the guidance provided in Sulamérica Cia Nacional De Seguros S.A. and others v … Continue reading

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Filed under Arbitration clauses, Europe