In NDK Ltd v HUO Holding Ltd and another [2022] EWHC 1682 (Comm), the English Commercial Court rejected a section 67 challenge brought by NDK in respect of an LCIA award which had granted an anti-suit injunction blocking proceedings commenced in the Cypriot courts. Read more

In a long-awaited landmark ruling in a case concerning the German ice-skating champion Claudia Pechstein, the German Federal Constitutional Court (Bundesverfassungsgericht) has found that the mandatory arbitration clause of the Court of Arbitration for Sport (“CAS“) violated the athlete’s constitutional right of access to justice pursuant to Art. 2(1) in conjunction with Art. 20(3) of … Read more

Herbert Smith Freehills has secured an important judgment from the Hong Kong Court of Appeal, C v D [2022] HKCA 729, regarding escalation clauses – contractual provisions which require negotiation or mediation before either party can begin formal proceedings. These clauses are intended to promote the efficient resolution of disputes, but often lead to costly litigation. … Read more

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 Arjowiggins HKK2 LTD v. X Co [2022] HKCFI 128, the Hong Kong Court of First Instance set aside an arbitral award on the basis that it fell outside the scope of the parties’ submission to arbitration. Specifically, the award contained an order on an issue which had not been raised, or pleaded, by the … Read more

The Singapore High Court has interpreted a potentially defective arbitration clause, which selected the “China International Arbitration Center” (a non-existent institution), as an agreement to CIETAC arbitration and therefore upheld an award issued by a CIETAC Tribunal. The Court held that, provided the parties objectively intended to refer to the same arbitral institution (rather than … Read more

The Commercial Court has dismissed an application to set aside an order which dismissed challenges under sections 67 and 68 of the Arbitration Act 1996 (AA 1996) on the papers and refused permission to appeal under AA 1996, s 69. In doing so, the Commercial Court has provided concrete guidance on the court’s approach to … Read more

The Malaysian High Court has refused to impose a condition on a party seeking a stay of proceedings under section 10 of the Arbitration Act 2005 to pay its share of the deposit in the arbitration, on the basis that the issue of costs and expenses of an arbitration are within the exclusive jurisdiction of … Read more