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

FURTHER HONG KONG JUDGMENT CONFIRMS THAT AN ARBITRAL TRIBUNAL IS “THE MASTER OF ITS OWN PROCEDURAL RULES” AND COMPLIANCE WITH PRE-ARBITRATION CONDITIONS SHOULD NOT BE REVIEWED BY THE COURTS

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

OVERVIEW OF THE LATEST COURT PRACTICE ON THE RUSSIAN SANCTIONS-RELATED AMENDMENTS—IS WINTER COMING?

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