Error: Can't connect Warning: mysqli_query() expects parameter 1 to be mysqli, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 186
Warning: mysqli_fetch_assoc() expects parameter 1 to be mysqli_result, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 187
On 31 December 2014, the China International Economic and Trade Arbitration Commission (CIETAC) and the China Council for the Promotion of International Trade (China Chamber of International Commerce) (CCPIT) published announcements declaring to “restructure” the CIETAC Shanghai and South China/Shenzhen sub-commissions. The announcements will likely put an end to the controversy and uncertainty regarding arbitration … Read more
In the recent decision Transgrain Shipping BV v Deiulemar Shipping SpA (in liq) & Eleni Shipping Ltd [2014] EWHC 4202 (Comm), the English Commercial Court refused an application under s 67 of the Arbitration Act 1996 to set aside an award on the grounds that the arbitrators lacked jurisdiction. In determining the question of jurisdiction, … Read more
The Advocate General Wathelet (the AG) has delivered his much awaited Opinion in the reference to the Court of Justice of the European Union (CJEU) by the Lithuanian Supreme Court in the case of Gazprom (C-536/13). The Lithuanian Court referred to the CJEU three questions pertaining to the effect of the Brussels I Regulation (EC) No … Read more
Subscribers to our Arbitration blog may also wish to subscribe to our Public International Law blog for updates, analysis and comment on investment treaty cases and other public international law issues. Recent blog posts have included: Flughafen Zürich A.G. and Gestión e Ingenería IDC S.A. v. Bolivarian Republic of Venezuela: when may an entity be … Read more
In this short podcast, senior professional support lawyers Hannah Ambrose and Vanessa Naish look at some of the issues surrounding the drafting of arbitration clauses for complex transactions, and provide insight into how to draft consolidation and joinder provisions to ensure that your dispute resolution clause is both effective and efficient. Read more
In Schindler Lifts (Hong Kong) Ltd v Sui Chong Construction and Engineering Co Ltd [2014] HKEC 1967, the Hong Kong District Court ordered stay of an action pending referral of the dispute to arbitration, despite the defendant having filed a defence in Hong Kong Small Claims Tribunal proceedings, which were later discontinued. Read more
This year there have been several important cases in the international arbitration space in Australia, as well as the introduction of new arbitral and court rules, and significant developments in relation to investment treaty arbitration for Australian investors. Read more
One year on since the International Swaps and Derivatives Association (“ISDA“) published its 2013 Arbitration Guide, the ISDA Arbitration Committee recently met in London to discuss the reception to the Guide, and to consider any proposals for amendment or expansion. The Guide was published in September 2013 following an extensive consultation process involving all levels … Read more
The English Court of Appeal dismissed an appeal brought against a recent High Court decision to stay a winding-up petition in favour of arbitration proceedings, in Salford Estates (No. 2) Limited v Altomart Limited [2014] EWCA 575 Civ. Agreements to arbitrate are generally strictly enforced under s9(1) Arbitration Act 1996. This provision enables a party … Read more