This eighth (and final) update to a blog post initially dated 7 April 2020 takes into account developments between 25 June – 9 July 2020. These include various institutional changes (set out in the table attached to the blog), as well as perspectives on the development of “hybrid hearings” as some venues start to reopen … Read more

On 29 June 2020, the Hong Kong Government launched a Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong. Under this Scheme, arbitrators, expert and factual witnesses, counsel, and parties to the arbitration (Eligible Persons) can participate in arbitral proceedings in Hong Kong as visitors without needing an employment visa, as … Read more

In the recent case of Daiichi Chuo Kisen Kaisha v Chubb Seguros Brasil [2020] EWHC 1223 (Comm) (available here) the English High Court granted an anti-suit injunction to compel a claimant to discontinue Brazilian court proceedings which it had pursued in breach of an undertaking not to pursue the relevant contractual claim otherwise than through … Read more

Can a foreign arbitral award be recognized and enforced in the PRC against a foreign company not incorporated there? In the recent case of Amarante vs Intermarine[1], the Tianjin Higher People’s Court confirmed the Tianjin Maritime Court’s decision to recognize and enforce a foreign arbitral award against a BVI company, by finding that the BVI … Read more

In Reliance Industries Ltd and another company v The Union of India [2020] EWHC 263 (Comm), the English Commercial Court (the “Court”) considered a series of challenges under sections 67 and 68 of the Arbitration Act 1996 (the “Act”) to a further award (the “Further Award”) made on issues remitted to the Tribunal after earlier … Read more

In a judgment handed down by the English High Court last month (A v B [2020] EWHC 952 (Comm)), the court delivered a stern warning to claimants considering the enforcement of an arbitration award which fails to establish a clear “right to payment”. The judgment also serves as a timely reminder that an application for … Read more

The Malaysian Federal Court has resolved the recent debate about whether courts should recognise and enforce whole arbitral awards under Malaysian law. The Court clarified that only the dispositive sections of arbitral awards will be enforced by Malaysian courts under Section 38 of the Malaysian Arbitration Act 2005 (AA). Parties seeking to enforce arbitral awards … Read more

In a recent post on our Construction Notes blog, Emma Schaafsma and Jake Reynolds consider the decision of the Technology and Construction Court in A Company v X, Y, Z [2020] EWHC 809 (TCC), in which the English court restrained a global expert consultancy firm from acting in an arbitration due to breach of the … Read more