Court intervention

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

Delhi High Court reaffirms pro-arbitration approach in two recent judgments

In two recent judgments, the Delhi High Court (the “Court“) dismissed challenges to arbitral awards and emphasised its reluctance to interfere with decisions of arbitral tribunals, except in limited circumstances. In NHAI v M/S. Bsc-Rbm-Pati Joint Venture, the Court strongly … Continue reading

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Filed under Challenges to awards, Court intervention, India

The English court sets aside a Tribunal’s findings of lack of jurisdiction under a BIT

In a decision dated 2 March 2018 (the “Decision“), the English High Court has set aside parts of an award on jurisdiction (the “Award“) from a London-seated arbitration (the “Arbitration“) concerning claims brought by GPF GP S.a.r.l (“Griffin“) against Poland … Continue reading

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Filed under Awards, Challenges to awards, Court intervention, Investment Arbitration, Jurisdiction, Public International Law, Uncategorized

Recent Developments in India-Related International Arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we consider various Indian court decisions, including the availability of interim relief in support of foreign arbitration, sanctions for non-compliance with arbitral orders … Continue reading

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Filed under Asia, Court intervention, India, Institutions, Interim relief, News

The English Court of Appeal substitutes one anti-suit injunction for another (more limited one)

The English Court of Appeal is the latest court to weigh in on this long-running dispute spanning multiple jurisdictions between Messrs Emmott and Wilson, relating to an agreement to establish a “quasi-partnership”. Following an appeal brought by Mr Emmott against … Continue reading

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Filed under Arbitration proceedings, Australia, Awards, Court intervention, Europe

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

SPC publishes new judicial interpretations on arbitration

The Supreme People’s Court of China (SPC) has released two judicial interpretations (Interpretations) on arbitration. The Interpretations were passed on 20 November 2017 and 4 December 2017. The texts of both were made public on 29 December 2017 and became … Continue reading

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Filed under Arbitration laws, Asia, Court intervention, East Asia, Enforcement, Hong Kong & China

English Commercial Court upholds s68 serious irregularity challenges to an arbitral award holding that the arbitrator should have ensured that costs are pleaded by all parties

In Oldham v. QBE Insurance (Europe) Ltd [2017] EWHC 3045 (Comm), the Commercial Court held that the arbitrator’s decisions on costs could be challenged on grounds of serious irregularity under Section 68 of the Arbitration Act of 1996 (the Act) … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Challenges to awards, Costs, Court intervention, Europe

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

China proposes dedicated “Belt and Road” court

Supreme People’s Court Monitor has published a highly informative article on proposals by the SPC relating to China’s”Belt and Road” initiative. These include establishing a dedicated court, along the lines of the Singapore International Commercial Court, to hear Belt & … Continue reading

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Filed under Asia, Court intervention, DIFC, East Asia, Hong Kong & China, Uncategorized