Malaysian Federal Court provides guidance on identifying place of arbitration in Malaysia for the purpose of determining the supervisory court of the arbitration

In Masenang Sdn Bhd v Sabanilam Enterprise Sdn Bhd (Civil Federal Court Civil Appeal No.: 02(i)-20-03/2020(S)), the Federal Court held that the courts of first instance of the place specified as the seat of arbitration in Malaysia has exclusive supervisory jurisdiction over arbitrations seated in that place, including any award arising from such proceedings. In … 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 Ecuador’s Arbitration and Mediation Act was originally enacted in … Read more

Australian Court clarifies approach to scope and arbitrability of ambiguous arbitration agreements

A recent judgment of the Supreme Court of Queensland is a useful reminder of the willingness of Australian Courts to enforce broadly drafted arbitration agreements. The judgment also demonstrates the expansive view taken by Australian Courts with respect to arbitrating non-contractual claims. Whereas often in such cases the issue relates to whether the arbitration agreement … Read more

HSF CONTRIBUTES UK ARBITRATION CHAPTER TO LEXOLOGY’S GETTING THE DEAL THROUGH

Partner Craig Tevendale, Professional Support Consultant Vanessa Naish and Professional Support Lawyer Rebecca Warder have jointly authored the UK Arbitration chapter to Lexology’s Getting the Deal Through. The Chapter contains expert local insight into the jurisdiction’s arbitration law and institutions, providing essential “need to know” answers to the arbitration issues and questions facing corporations and … Read more

ENGLISH COMMERCIAL COURT RELEASES S68 AND S69 STATISTICS FOR COURT YEAR 2019 – 2020: CHALLENGES DOWN AGAIN AND THE NON-INTERVENTIONIST APPROACH SUSTAINED

The Judiciary of England and Wales has published the minutes of the Commercial Court User Group Meeting that took place at the end of November 2020 (the “2020 Minutes”), providing updated information and statistics relating to challenges to arbitral awards under s68 Arbitration Act 1996 (the “Act”) and appeals on a point of law under … Read more