HONG KONG COURT CONSIDERS PERMISSIVE ARBITRATION CLAUSES

The Hong Kong Court of First Instance has stayed an action to arbitration where the agreement provided that disputes “may” be referred to arbitration. Kinli Civil Engineering Limited v Geotech Engineering Limited [2021] HKCFI 2503 Background Kinli commenced court proceedings to recover HKD 4,055,696.83, which it argued was due and owing from Geotech under a … Read more

MALAYSIA: HIGH COURT DECLINES TO STAY ARBITRATION PROCEEDINGS ON THE BASIS OF A NON-SIGNATORY’S ALLEGATION OF BRIBERY AND CORRUPTION UNDERLYING THE CONTRACT

In Vertex Superieur Sdn Bhd & Anor v Shell Malaysia Trading Sdn Bhd (Civil Suit No. BA-22C-5-03/2020), the Malaysian High Court refused to stay court proceedings brought in breach of an arbitration agreement on the basis that it was in the public interest that allegations by a non-signatory that an underlying contract was procured by … Read more

ECUADOR INTRODUCES REGULATIONS TO ITS ARBITRATION AND MEDIATION ACT

After rejoining the ICSID Convention in June 2021, Ecuador has made a further contribution to the growth of international arbitration within its borders. On August 18, 2021, President Guillermo Lasso issued Executive Decree No. 165-2021, introducing the Regulations to the Arbitration and Mediation Act (the “Regulations”). Ecuador’s Arbitration and Mediation Act was originally enacted in … Read more

Full Court of the Federal Court of Australia gives guidance on award enforcement

In an appellate judgment, the Full Court of the Federal Court of Australia has ruled that a foreign arbitral award is not enforceable because the arbitral tribunal was not constituted strictly in accordance with the parties’ arbitration agreement. Notably, the decision also considers the courts’ discretion to enforce an award even where a party establishes … Read more