The presumption that “rational businessmen” intend all their disputes to be resolved in the same forum may not apply where the parties clearly intended otherwise. Construing such intentions requires a “broad and commercially minded approach” to inconsistent dispute resolution clauses. In H v G [2022] HKCFI 1327, the Hong Kong Court of First Instance set … Read more

In a recent decision, the Hong Kong Court of First Instance stayed a winding-up petition on just and equitable grounds in favour of arbitration, and refused to require the applicant to satisfy the more onerous test as is applied to a case management stay. China Europe International Business School v Chengwei Evergreen Capital LP (formerly … Read more

In NWA & FSA v NVF & others [2021]  EWHC 2666 (Comm) the English High Court has declined to set aside an award on the basis of failure to mediate a dispute before referring it to arbitration. Consistent with its reasoning in Sierra Leone v SL Mining (see our blogpost on that case here), the … Read more

On 18 May 2021, the Russian Ministry of Justice granted the status of “Permanent Arbitration Institution” (“PAI”) to the ICC International Court of Arbitration (the “ICC”) and the Singapore International Arbitration Centre (“SIAC”). This is a major development for users of international arbitration in Russia who will now have access to three of the “top-five … Read more

A recent judgment of the Supreme Court of Queensland is a useful reminder of the willingness of Australian Courts to enforce broadly drafted arbitration agreements. The judgment also demonstrates the expansive view taken by Australian Courts with respect to arbitrating non-contractual claims. Whereas often in such cases the issue relates to whether the arbitration agreement … Read more

We are pleased to be a part of a webinar being hosted by Streamsowers & Köhn on ‘Arbitration Law and Practice in Nigeria‘, taking place on 28 April 2021. Arbitration has long been recognised globally as a more commercial means of resolving disputes, especially where contracting parties are from different jurisdictions and is currently undergoing … Read more

In Riverrock Securities Limited v International Bank of St Petersburg (Joint Stock Company) [2020] EWHC 2483 (Comm) the High Court granted Riverrock Securities Limited (“RSL”) an interim anti-suit injunction against bankruptcy proceedings brought against RSL by the receiver of the International Bank of St Petersburg (“IBSP”) (the Bankruptcy Proceedings). Read more

In an important and clarifying decision, the High Court of Australia has handed down its decision in Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors.1 The decision is significant for the conduct of international arbitration in Australia because: the High Court held that the phrase “any dispute under this deed” in an arbitration clause … Read more