CROSS POST: COURT OF APPEAL OVERTURNS FIRST INSTANCE JUDGMENT WHICH HELD A CONTRACTUAL PROVISION PROHIBITING ASSIGNMENT COULD PREVENT INSURER’S SUBROGATION RIGHTS

In a post for our HSF Insurance Notes blog, the Insurance & Professional Risks team consider the recent Court of Appeal decision in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 concerning a challenge to an ICC award under s67 Arbitration Act 1996 on the basis that the tribunal lacked jurisdiction. … Read more

NO TWO BITES AT THE CHERRY: SINGAPORE COURT REFUSES RE-LITIGATING JURISDICTION ISSUES UPON ENFORCEMENT APPLYING DOCTRINE OF TRANSNATIONAL ISSUE ESTOPPEL

A rare five-judge bench of the Court of Appeal in The Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10 has confirmed that transnational issue estoppel applies in international commercial arbitration, preventing the parties to a prior decision of the seat court on jurisdiction from re-litigating points previously raised and determined. The Republic of … Read more

AUSTRALIAN FEDERAL COURT OF APPEAL ALLOWS PARTIES TO CONTRACT OUT OF MANDATORY JURISDICTION IMPOSED BY THE CARRIAGE OF GOODS BY SEA ACT 1991 (CTH)

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

English Court sets aside award on the ground that the arbitral tribunal lacked substantive jurisdiction

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