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

In a recent Hong Kong Court of First Instance decision MAK v LA [2022] HKCFI 285, the Court was presented with a dispute arising from a bonus letter silent on dispute resolution mechanism, and with conflicting dispute resolution clauses in related contractual instruments, including the employment contract. The Court ultimately concluded that the arbitration agreement … Read more

In the context of an appeal of a stay application, the English Court of Appeal has considered which law should determine whether a non-party is bound by an arbitration agreement. In Lifestyle Equities CV and another v Hornby Street (MCR) Ltd and others [2022] EWCA Civ 51, the Court upheld the stay of proceedings, finding … Read more

In a recent decision that involved interlinked agreements containing different dispute resolution clauses, the Hong Kong Court of First Instance refused to stay court proceedings in favour of arbitration, on the basis that the centre of gravity of the dispute did not fall within the contracts that contained the arbitration agreement. Zpmc-Red Box Energy Services … Read more