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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
In the recent case of AIG Europe SA and others v John Wood Group Plc and another [2021] EWHC 2567 (Comm), the High Court (the Court) maintained certain anti-suit injunctions granted in favour of a number of insurers who subscribed to various excess liability policies, two of which contained a valid arbitration clause. The Court … Read more
On 27 October the Supreme Court handed down its much anticipated decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 (see our blog post on the Supreme Court decision here for background to the decision). London-based Partner Craig Tevendale and Professional Support Lawyer Liz Kantor have authored a case analysis piece … Read more
The judgment of the Hong Kong District Court (“Court“) in Gurkhas Construction Ltd v Craft Façade Tech (Hong Kong) Co Ltd is the latest example of the Hong Kong judiciary’s willingness to give effect to an arbitration clause wherever possible. In this case, the Court granted a stay of proceedings in favour of arbitration on … Read more
The UK Supreme Court (the Court) has handed down its much-anticipated decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, unanimously dismissing Kabab-Ji SAL (Lebanon) (KJS)’s appeal. The decision to dismiss the appeal means that KJS cannot enforce a Paris-seated award granted in its favour by an arbitral tribunal against Kout … 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
In Lineclear Motion Pictures Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd (High Court Civil Appeal No.: WA-12ANCC-45-04/2021), the High Court refused to award indemnity costs to a party who successfully obtained a stay of court proceedings under section 10 of the Arbitration Act 2005 (“Act“), on the basis of the conduct of the … Read more
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
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
