In the recent case of Deposit Guarantee Fund for Individuals v Bank Frick & Co AG [2021] EWHC 3226 (Ch), the English High Court has held that a defendant’s application to stay court proceedings in favour of arbitration pursuant to s9 of the Arbitration Act 1996 (Act) should be heard before its alternative summary judgment … Read more

In Lineclear Motion Pictures Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd (High Court Civil Appeal No.: WA-12ANCC-45-04/2021), the High Court refused to award indemnity costs to a party who successfully obtained a stay of court proceedings under section 10 of the Arbitration Act 2005 (“Act“), on the basis of the conduct of the … Read more

The Hong Kong Court of First Instance has stayed an action to arbitration where the agreement provided that disputes “may” be referred to arbitration. Kinli Civil Engineering Limited v Geotech Engineering Limited [2021] HKCFI 2503 Background Kinli commenced court proceedings to recover HKD 4,055,696.83, which it argued was due and owing from Geotech under a … Read more

In Vertex Superieur Sdn Bhd & Anor v Shell Malaysia Trading Sdn Bhd (Civil Suit No. BA-22C-5-03/2020), the Malaysian High Court refused to stay court proceedings brought in breach of an arbitration agreement on the basis that it was in the public interest that allegations by a non-signatory that an underlying contract was procured by … Read more

In Tugushev v Orlov and others [2021] EWHC 926 (Comm), the English High Court refused to grant a defendant permission to pursue two claims against a co-defendant on the basis that they had agreed to refer them to arbitration. However, permission was granted for a third claim, despite the fact that the applicant had pursued … Read more

In the recent decision in Melford Capital Holdings LLP and others v Digby [2021] EWHC 872 (Ch), the English High Court (the Court) resolved a prima facie conflict between two dispute resolution clauses in an agreement (one providing for the exclusive jurisdiction of the English courts and the other providing for arbitration) in favour of … Read more

The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, … Read more

In Helice Leasing S.A.S v PT Garuda Indonesia (Persero) TBK [2021] EWHC 99 (Comm), the English High Court interpreted seemingly conflicting dispute resolution provisions in an aircraft operating lease (the “Lease”). The Lease included an arbitration clause providing for “any dispute” to be resolved by the London Court of International Arbitration (“LCIA”) and gave the … Read more