Australian Full Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement

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 New York. As discussed below, the decision highlights the importance of ensuring that all parties to a transaction are bound by the relevant arbitration agreement from the outset of the transaction.

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A breakthrough for Financial Services Arbitration?

Nicholas Peacock, Dominic Kennelly and Emily Blanshard consider the arbitral award and judgment of the English High Court in Travis Coal Restructured Holdings LLC v Essar Global Fund Ltd – which suggest that summary procedures may be available to tribunals in appropriate cases – and their implications for the use of arbitration by banks and other  financial institutions.

To read the full article please click here.

Nicholas Peacock
Nicholas Peacock
Partner
+44 20 7466 2803
Dominic Kennelly
Dominic Kennelly
Associate
+44 20 7466 7597

Emily Blanshard
Emily Blanshard
Associate
+44 20 7466 2833

 

 

 

 

 

This article has been reproduced with the kind permission of Global Arbitration Review and was first published in GAR MAGAZINE VOLUME 9 ISSUE 5.

Application to remove arbitrators for bias – not on District Court’s watch

In a robust judgment, the US District Court of the Southern District of New York has rejected PK Time’s application to remove two arbitrators for alleged bias during its arbitration against Mr Robert (PK Time Group, LLC v. Robert, Docket No. 12 Civ. 8200 (PAC) (S.D.N.Y. July 23, 2013)). In a bifurcated procedure, PK Time (the claimant) succeeded at the liability stage. However, prior to completion of the quantum stage, PK Time applied first to the ICDR and then the New York courts, seeking the removal of the arbitrators for alleged bias.

The judgment clarifies the pre-emption of the Federal Arbitration Act over New York procedural law and the limited scope for court intervention before an award has been rendered.

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