JUDICIAL COMMITTEE OF THE PRIVY COUNCIL FINDS THAT NO EXPRESS ALLEGATION, CONSIDERATION OR FINDING OF ‘SUBSTANTIAL INJUSTICE’ IS REQUIRED TO ESTABLISH A SERIOUS PROCEDURAL IRREGULARITY

In the recent decision of RAV Bahamas Ltd and another v Therapy Beach Club Incorporated the Judicial Committee of the Privy Council (the “Privy Council”) considered that s90 of the Bahamas Arbitration Act 2009 (the “Bahamas Arbitration Act”) – which provides for challenges to arbitration awards on the grounds of serious irregularity – did not … Read more

MALAYSIA: HIGH COURT ISSUES ANTI-ARBITRATION INJUNCTION AGAINST LONDON ARBITRATION AND REJECTS PARALLEL APPLICATION TO STAY COURT PROCEEDINGS

In MISC Berhad v Cockett Marine Oil (Asia) Pte Ltd (Admiralty in Personam No. WA-27NCC-46-05/2020), the Malaysian High Court issued an anti-arbitration injunction to halt a London-seated arbitration on the grounds that the arbitration proceedings were in breach of an exclusive jurisdiction clause in favour of the Malaysian courts. The decision confirms the power of … Read more

ENGLISH COURT GRANTS INTERIM ANTI-SUIT INJUNCTION TO “HOLD THE RING”

In the recent case of VTB Bank (PJSC) v Mejlumyan [2021] EWHC 718 (Comm), the English High Court granted an interim anti-suit injunction on a without notice basis. The anti-suit injunction application arose in relation to Armenian foreign proceedings under a share pledge agreement that contained an arbitration agreement providing for London seated arbitration. The … Read more

HIGH COURT OF GUJARAT FINDS THAT TWO INDIAN PARTIES CAN CHOOSE A FOREIGN SEAT OF ARBITRATION BUT CANNOT OBTAIN INTERIM RELIEF IN INDIAN COURTS

The Gujarat High Court (the “Court”) recently handed down a significant decision in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited, Arbitration Petition No. 131 and 134 of 2019, confirming that two Indian parties are permitted to choose a foreign seat of arbitration, and that the award from such an arbitration … Read more

DIFC COURT GRANTS FIRST EVER ANTI-SUIT INJUNCTION IN RESPECT OF “ON-SHORE” DUBAI COURT PROCEEDINGS

For the first time, the Courts of the Dubai International Financial Centre (“DIFC”) have issued an anti-suit injunction in favour of a party to pending DIFC-LCIA arbitration proceedings restraining the Defendant from pursuing litigation proceedings in the “onshore” Dubai courts (the local courts outside the economic free zones within the Emirate of Dubai). The decision … Read more

ENGLISH HIGH COURT DETERMINES ISSUE OF LAW ARISING IN THE COURSE OF ARBITRAL PROCEEDINGS AT REQUEST OF PARTIES UNDER S45 ARBITRATION ACT 1996

In the recent decision in The Eternal Bliss [2020] EWHC 2327 (Comm), the English High Court (the “Court”) determined a point of law regarding liquidated damages in the context of a standard form shipping contract. This followed the referral to the Court by the parties under s45 Arbitration Act 1996 (the “Act”) of two questions … Read more