In a recent decision, the Australian Federal Court of Appeal refused an anti-suit injunction which sought to prevent the commencement of arbitral proceedings in England, in relation to a dispute arising out of a bill of lading for cargo transported between South Australia and Queensland. The Court determined that the ‘mandatory jurisdiction’ provision of the … Read more

In NDK Ltd v HUO Holding Ltd and another [2022] EWHC 1682 (Comm), the English Commercial Court rejected a section 67 challenge brought by NDK in respect of an LCIA award which had granted an anti-suit injunction blocking proceedings commenced in the Cypriot courts. Read more

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

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co., Ltd [2022] EWHC 181 (Comm), the Commercial Court has set aside an arbitral award under s67 of the Arbitration Act 1996 (the “Act“) on the basis that the arbitral tribunal lacked substantive jurisdiction. The case concerned a “subjects” provision which required “shipper/receiver’s approval“. The … Read more

In Tagli’apau v Amrest Holdings and al. (Cass. Civ. 1ère, 9 February 2022, No. 21-11253), the French Supreme Court reversed the decision of the lower courts to decline jurisdiction in favour of arbitration. It did so on the grounds that the jurisdictional challenge was inadmissible because it had been raised by the parties who had … Read more

In the recent judgment of T v B [2021] HKCFI 3645, the High Court of Hong Kong observed that “if the Court is the master of its own procedural rules, so should be the arbitral tribunal“. In so doing, the Court reaffirmed the principle that compliance with pre-conditions to arbitration is a question of admissibility, … Read more

This analysis was first published on Lexis®PSL on 29 October 2021 and can be found here (subscription required). Ivan Teselkin, partner, Maria Dolotova, of counsel, Alexander Gridasov, senior associate, and Sergei Eremin, senior associate, of Herbert Smith Freehills provide an overview of Russian court decisions on the impact of recent amendments to Russian law relating … Read more