Tag Archives: Dispute resolution clauses

Hong Kong Court of Appeal addresses the enforceability of English anti-suit injunction

In the recent case of Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Limited (CACV 243/2014), the Court of Appeal (CA) held that an English anti-suit injunction with respect to legal proceedings in another jurisdiction (China) could not … Continue reading

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Filed under Contract, Hong Kong, Jurisdiction

ADR Practical Guide launched on the use of Mediation with Arbitration

Our London ADR team has launched the sixth guide in their series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on mediation. … Continue reading

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Filed under ADR, Arbitration, Contract, Hong Kong, Japan, Jurisdiction, South East Asia

Privy Council deals with Jurisdictional Clauses in Trusts

Crociani & O’rs v Crociani & O’rs & Camilla de Bourbon des deux Siciles [2014] UKPC 40 Background The case arose from proceedings commenced in Jersey in January 2013 concerning alleged breaches of a trust which was created in 1987 … Continue reading

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Filed under Jurisdiction, Private wealth and trusts

Singapore International Mediation Centre is launched, offering parties an “Arb-Med-Arb” process in partnership with SIAC

The Singapore International Mediation Centre (SIMC) was officially launched on 5 November 2014. Set up following the recommendations of a Working Group chaired by Edwin Glasgow CBE QC and George Lim SC, the SIMC will supplement the array of international … Continue reading

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Filed under ADR, Arbitration, South East Asia

The English courts give guidance on the enforceability of conciliation clauses

Dispute resolution clauses in commercial agreements often contain a requirement to negotiate in good faith or to enter into a form of alternative dispute resolution (ADR) process before starting court or arbitration proceedings.  Parties are likely to rely upon them … Continue reading

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Filed under ADR, Arbitration, Hong Kong, Jurisdiction

Recent Singapore High Court decision on arbitration clause controversial in light of 2012 ICC Rules

The Singapore High Court (the “Court“) considered whether an arbitration clause which stipulated that disputes were to be settled by arbitration under the ICC Rules in Singapore administered by a non-existent institution was inoperable. The Court ruled that the arbitration … Continue reading

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Filed under Arbitration, South East Asia

The Singapore Court of Appeal gives guidance on the interpretation of non-exclusive jurisdiction clauses

In the recent decision in Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala the Singapore Court of Appeal has overturned the decision of the High Court and confirmed that a non-exclusive jurisdiction clause in favour of the Hong Kong courts … Continue reading

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Filed under Jurisdiction, South East Asia

Hong Kong Court of Appeal allows enforcement of PRC arbitral award and provides important guidance on objections to arbitral procedure and “arb-med”

In Gao Haiyan and another v. Keeneye Holdings and another CACV 79/2011, the Hong Kong Court of Appeal has allowed the enforcement of a mainland Chinese arbitral award, reversing a decision of the Court of First Instance to refuse enforcement … Continue reading

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Filed under ADR, Arbitration, China, Enforcement, Hong Kong

Indonesia: BPMigas relaxes stance in requiring BANI arbitration clause in regulated contracts

In an important recent development for oil and gas companies operating in Indonesia, BPMigas has relaxed its stance in requiring BANI arbitration clauses in regulated contracts. Officials at BPMigas now state that companies entering into contracts in Indonesia may use … Continue reading

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Filed under Arbitration, South East Asia