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

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 Ecuador’s Arbitration and Mediation Act was originally enacted in … Read more

In AT and others v Oil and Gas Authority [2021] EWHC 1470 (Comm), the High Court (the Court) considered an application by four claimants under s.44(3) of the Arbitration Act 1996 (the Act) for an order restraining the defendant from circulating a redacted version of a notice (the Notice) to third parties. The Court found … Read more

In Mount Wellington Mine Ltd v Renewable Energy Co-Operative Ltd [2021] EWHC 1486 (Ch), the English High Court considered a challenge to the jurisdiction of an arbitrator under s. 67 of the Arbitration Act 1996 (the Act). The Claimant, a landlord, sought to challenge an arbitral award which upheld the jurisdiction of the arbitrator in … Read more

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

In Tugushev v Orlov and others [2021] EWHC 926 (Comm), the English High Court refused to grant a defendant permission to pursue two claims against a co-defendant on the basis that they had agreed to refer them to arbitration. However, permission was granted for a third claim, despite the fact that the applicant had pursued … Read more

In a recent post, we discussed Australia’s pro-enforcement approach to foreign arbitral awards. A recent case of the Victorian Court of Appeal (VCA) affirms this approach in relation to domestic awards. In Pinchus Feldman and Yosef Feldman v Corey Stephen Tayar [2021] VSCA 185, the VCA considered an appeal from a decision to order enforcement … Read more

In the recent decision in Melford Capital Holdings LLP and others v Digby [2021] EWHC 872 (Ch), the English High Court (the Court) resolved a prima facie conflict between two dispute resolution clauses in an agreement (one providing for the exclusive jurisdiction of the English courts and the other providing for arbitration) in favour of … Read more