The English High Court (the “Court“) has refused to enforce an unchallenged arbitral award because doing so would not be in the interests of justice. In the recent case of David Sterling v Miriam Rand and Morris Rand [2019] EWHC 2560 (Ch), the Court was asked to enforce an arbitral award of the London Beth … Read more
In a recent case, the English High Court (the Court) granted XL Insurance Company (XL) a final anti-suit injunction restraining Peter Little (PL) from pursuing litigation proceedings against XL in the District Court of the Southern District of New York (the New York proceedings), on the basis that PL was bound by the arbitration agreement … Read more
The decision in Company A and Others v Company B and Others [2018] HKCU 3575 confirms that Hong Kong courts can order interim relief in support of an arbitration, even against a person or entity which is not party to the arbitration. However, that power will be exercised sparingly. Similarly, the court will be slow … Read more
The European Federation for Investment Law and Arbitration (EFILA) will be holding its third Annual Conference on 5 February 2018 at the Senate House in London. The conference will focus on four topics: non-disputing third parties and their influence on arbitration; investment regulation and arbitration; human rights, environment and arbitration; and the proposed Investment Court … Read more
In GMR Energy Limited v. Doosan Power Systems India Private Limited, the Delhi High Court confirmed that two Indian parties can contract to have a foreign seat of arbitration (in this case, Singapore), and also ruled that a non-party to the Arbitration Agreement could be made part of the arbitral proceedings on the grounds that … Read more
On 25 January 2017, the Full Federal Court of Australia dismissed Trina Solar US, Inc.’s (Trina) appeal from an earlier decision of a single Federal Court Judge not to exercise residual discretion to refuse Jasmin Solar Pty Ltd (Jasmin) leave to serve an originating application on Trina in the US, while arbitration proceedings were ongoing in … Read more
The Paris Court of Appeal has upheld a challenge to an International Chamber of Commerce (ICC) investment treaty award (Cour D'Appel de Paris, Pole 1 – Chambre 1, 15 March 2016, n° 14/19164). This is the latest instalment in the long-standing dispute regarding an insurance claim for damage to a textiles factory during the civil … Read more
In a decision dated 5 May 2015 (Cass. Com. 5 mai 2015, 14-16.644, available at: https://www.courdecassation.fr/jurisprudence_2/chambre_commerciale_574/424_5_31676.html) concerning French domestic arbitration law, the French Supreme Court (Cour de cassation) accepted, for the first time, that a joint guarantor could challenge an arbitral award rendered in a dispute between a debtor and its creditor which determined the … Read more
In The Titan Unity (No. 2) [2014] SGHCR 04, an Assistant Registrar refused to grant, amongst others, a party’s application for an order that it be allowed to join arbitration proceedings that were on foot. The Singapore court refused the application on the basis that it should not override the joinder mechanism that parties to … Read more
