Arbitration clauses

West Tankers principle unaffected by Recast Brussels Regulation; mandatory foreign jurisdictional rules do not encroach on scope of widely worded arbitration clause

In Nori Holdings Limited et al v PJSC Bank Okritie Financial Corporation [2018] EWHC 1343 (Comm) the English court has applied the Recast Brussels Regulation, finding that the West Tankers principle remains applicable and, as a consequence, refused to grant … Continue reading

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Filed under Arbitrability, Arbitration clauses, Arbitration proceedings, Brussels Regulation, Court intervention, Europe, Jurisdiction, Russia

New South Wales CA imports arbitration clause from one entity to another, stays proceedings

In Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd [2018] NSWCA 81, the New South Wales Court of Appeal overturned the decision of the New South Wales Supreme Court by referring a dispute to arbitration … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Arbitration proceedings, Australia, Court intervention, Stays

Hong Kong judge defers to arbitration in dismissing winding up petition

In a recent Court of First Instance case before Harris J, Southwest Pacific Bauxite (HK) Ltd (Company) sought to strike out a winding-up petition issued against it by Lasmos Ltd (Petitioner). The ground of insolvency relied on by the Petitioner … Continue reading

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Filed under Arbitrability, Arbitration clauses, Asia, Court intervention, East Asia, Hong Kong & China, Winding-up

English Court of Appeal reinstates the appointment of an arbitrator on the basis that he qualifies for appointment under the arbitration clause

In Allianz Insurance and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434, the English Court of Appeal has reversed the decision of the High Court on whether a party-appointed arbitrator met the contractual requirements as to requisite … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Arbitrators, Europe, Uncategorized

English court sets aside tribunal’s award on jurisdiction, finding that the LCIA Rules do not permit a party to bring claims under multiple contracts in a single arbitration

In its recent decision in the case of A v B [2017] EWHC 3417 (Comm) (available here), the English Commercial Court (the “Court“) set aside the tribunal’s award upholding its own jurisdiction, on the grounds that the LCIA Rules 2014 … Continue reading

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Filed under Arbitration clauses, Arbitration proceedings, Arbitration rules, Challenges to awards, Europe, Institutions

Hong Kong Courts grant anti-suit injunctions to restrain foreign proceedings in breach of an arbitration agreement

In Arjowiggins HKK2 Ltd v Shandong Chenming Paper Holdings Ltd [2018] HKCFI 93, the Hong Kong Court of First Instance has granted an anti-suit injunction in favour of a recipient of a Hong Kong arbitral award to restrain the continuation … Continue reading

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Filed under Arbitration clauses, Arbitration proceedings, Asia, Court intervention, Hong Kong & China

Further Indian jurisprudence on appointments of former employees as arbitrators

Since our previous report on the Delhi High Court refusing to uphold an arbitration clause that provided for the tribunal to be comprised of one party’s employees or retired employees, there have been several cases which have provided useful guidance … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Arbitrators, Asia, India

SIAC issues proposal for consolidation of arbitral proceedings between institutions

On 19 December 2017, the Singapore International Arbitration Centre (SIAC) released a proposal on cross-institution cooperation and consolidation of arbitral proceedings conducted under different arbitral rules (the SIAC Proposal). SIAC has invited comments on its Proposal by 31 January 2018. … Continue reading

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Filed under Arbitration clauses, Arbitration rules, Asia, Institutions, Procedures in arbitration, South East Asia

HK Court reconciles jurisdiction and arbitration clauses to order s.20(1) stay

In Neo Intelligence Holdings Ltd v Giant Crown Industries Ltd HCA 1127/2017, the Hong Kong Court of First Instance held that an arbitration clause was not necessarily superseded by a clause in a supplemental agreement that conferred non-exclusive jurisdiction on … Continue reading

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Filed under ADR, Arbitration clauses, Arbitration laws, Asia, Hong Kong & China

English High Court removes arbitrator on the basis that he did not possess necessary qualifications

In Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation [2017] EWHC 2753, the English High Court considered an application under Section 24 of the Arbitration Act 1996  (the Act) for the removal of an arbitrator on the basis … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Arbitrators, Court intervention, Europe