IS ARBITRATION IN VENEZUELA IN DANGER?

Recently, the Constitutional Chamber of the Venezuelan Supreme Court of Justice (the “Court”) issued an interlocutory judgment ordering the Business Center for Conciliation and Arbitration (CEDCA) to stay an arbitration and to forward the arbitration file in order to decide on a request for “avocamiento” filed by one of the parties before the Court. Read more

RECENT DEVELOPMENTS IN INDIA-RELATED ARBITRATION

Herbert Smith Freehills has issued the latest edition of its India arbitration e-bulletin. In this issue we consider various court decisions, which cover issues such as the constitutional validity of s87 of the Arbitration Act, setting aside an award on the grounds of bias, and the time limits surrounding enforcement of awards. In other news, … Read more

ENGLISH HIGH COURT GRANTS CONDITIONAL STAY OF IP CLAIM

In an example of an interaction between intellectual property (“IP”) claims and arbitration, the English High Court granted a conditional stay of the claimants’ IP claim pursuant to s9 of the Arbitration Act 1996 (the “Act”) and its inherent case management jurisdiction. In AJA Registrars Ltd and another company v AJA Europe Ltd [2020] EWHC … Read more

HONG KONG COURT AFFIRMS DISCRETION TO WIND UP FOREIGN COMPANY, REFUSES STAY TO ARBITRATION

In Champ Prestige International Limited v China City Construction (International) Co, Limited and  Dingway Investment Limited, the Hong Kong Court of First Instance reaffirmed the court’s discretion to order the winding-up of a foreign-incorporated company on just and equitable grounds, but refused to stay the winding-up petition in favour of arbitration. Background The Petitioner, Champ … Read more

ENGLISH COURT REFUSES TO STAY COURT PROCEEDINGS UNDER ARBITRATION ACT 1996 IN CASE INVOLVING COMPETING JURISDICTION AND ARBITRATION CLAUSES

In the recent case of Albion Energy Ltd v Energy Investments Global BRL [2020] EWHC 301 (Comm) (available here) the English High Court refused to stay court proceedings under section 9 of the Arbitration Act 1996 in a case involving competing jurisdiction and arbitration clauses. The case concerned a claim for summary judgment in the … Read more

MALAYSIAN APEX COURT DECIDES ON ARBITRABILITY OF DISPUTES INVOLVING A REMEDY OF STATUTORY FORECLOSURE, AND THE INCORPORATION OF ARBITRATION CLAUSES IN MULTI-CONTRACT TRANSACTIONS WHERE ONE CONTRACT CONTAINS AN ENTIRE AGREEMENT CLAUSE

Earlier this year, it was reported that the Malaysian Federal Court on 29 January 2018 decided an application to stay statutory foreclosure proceedings pursuant to a registered security granted over a parcel of land on the basis that the underlying dispute is subject to arbitration in Singapore.  The Federal Court made a ruling with potentially … Read more

Implied horizontal contract prompts stay of proceedings S9 AA 1996

In Mercato Sports v Everton[1], the English High Court found that two parties were bound by an implied horizontal contract containing an arbitration clause. Accordingly, it granted a stay of proceedings under section 9 of the Arbitration Act 1996 (‘S9 AA 1996’). In this case, a football agent (the Claimant)[2] sought payment for bringing a … Read more