Error: Can't connect Warning: mysqli_query() expects parameter 1 to be mysqli, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 186
Warning: mysqli_fetch_assoc() expects parameter 1 to be mysqli_result, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 187
The Supreme Peoples’ Court of the People’s Republic of China (SPC) has recently announced that the Hong Kong International Arbitration Centre (HKIAC) is to be included in the China International Commercial Court’s (CICC) “One-Stop” Platform for Diversified International Commercial Dispute Resolution (“One-Stop” Platform). According to the Rules of the Supreme People’s Court on International Commercial … Read more
The Supreme Court of India (the “Court“) has recently handed down a significant judgment in Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. & Ors. confirming that an award rendered by an emergency arbitrator (“EA“) in an arbitration seated in India is enforceable in the Indian courts. The Court’s judgment provides welcome clarity for … 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
Settling a much-litigated issue, the Supreme Court of India (“Court”) recently decided that two Indian parties can choose a foreign (non-Indian) seat of arbitration. Some courts had previously held that at least one party had to be a non-Indian person or company for such a clause to be effective. The Court clarified the position and … Read more
The LCIA has published its Casework Report for 2019, showing a record number of new cases referred to the institution in 2019. The statistics reveal that the LCIA remains a leading centre for disputes in the banking and finance sector. The LCIA also demonstrated continued progress in the gender and nationality diversity of its arbitrator … Read more
The Hong Kong Court of First Instance has granted a so-called “Hadkinson order”, adjourning an application to resist enforcement of CIETAC arbitral awards, on the basis of the applicant’s poor conduct in earlier stages of the proceedings. The court also ordered the parties resisting enforcement to pay 40% of the award amounts as security. The … Read more
A recent judgment of the Supreme Court of Western Australia, Dalian Huarui Heavy Industry International Company Ltd v Clyde & Co Australia [2020] WASC 132 (available here), demonstrates that the use of interim measures to provide security for an amount in dispute can be a very powerful remedy when structured through the creation of a … Read more
In Petrochemical Logistics Limited, Mr Axel Krueger v PSB Alpha AG, Mr Konstantinos Ghertsos [2020] EWHC 975 (Comm) the English High Court considered whether it would be “just and convenient” to maintain two freezing injunctions against the Defendants in support of a London-seated LCIA arbitration. The court declined to continue either injunction, finding insufficient connection with … Read more
In the recent decision of Daelim Corporation v Bonita Company Ltd and Others [2020] EWHC 697, the Commercial Court overturned an injunction previously granted under s44(3) of the English Arbitration Act 1996 (the Act). The injunction had amounted to an anti-arbitration injunction which, the Court held, was not necessary for the statutory purpose of preserving … Read more
