Tag Archives: Stay arbitration proceedings

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Ltd HCA 1127/2017, the Hong Kong Court of First Instance held that an arbitration clause was not necessarily superseded by a clause in a supplemental agreement that conferred non-exclusive jurisdiction on … Continue reading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

Gavin v Gaynor: Important further clarification on DIFC court jurisdiction and identifying place of arbitration

On 3 April 2016, the DIFC Court ordered a stay of proceedings on the basis that, in light of the existence of parallel proceedings in the Californian courts on substantially similar grounds, the Claimant's commencement of a claim before the … Continue reading

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Filed under Arbitration laws, Jurisdiction

English Court of Appeal considers whether the mandatory stay provisions of s9(1) of the Arbitration Act of 1996 apply to winding-up petitions

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 … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Stays

Commencing court proceedings in breach of an arbitration agreement: The risk of indemnity costs

In the recent decision of Pipelines Services WA Pty Ltd v ATCO Gas Australia Pty Ltd [2014] WASC 10 (S), his Honour Chief Justice Martin of the Supreme Court of Western Australia ordered Pipeline Services WA Pty Ltd (Pipeline) to … Continue reading

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Filed under Australia, Costs

English court refuses stay of proceedings for clause requiring parties to “endeavour” to arbitrate

Despite the English court’s benevolent approach to the construction of arbitration clauses, the recent case of Christian Kruppa v Alessandro Benedetti and Bertrand des Pallieres [2014] EWHC 1887 (Comm) gives a clear warning as to the limits of the court’s … Continue reading

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Filed under Arbitration clauses, Europe

The English Commercial Court considers whether a party’s failure to pay its share of the advance on costs is a repudiatory breach of the arbitration agreement

In BDMS Limited v Rafael Advanced Defence Systems [2014] EWHC 451 (Comm), the English Commercial Court considered whether the Respondent’s failure to pay its share of the advance on costs in an ICC arbitration amounted to a repudiatory breach of … Continue reading

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Filed under Europe, Institutions

DIFC Arbitration Law amended to ensure compliance with the New York Convention

On 15 December 2013, the Dubai International Financial Centre (DIFC) Authority enacted Law No.6 of 2013 (Arbitration Amendment Law) which amended the DIFC Arbitration Law to make it clear that the DIFC Courts have the power to stay court proceedings … Continue reading

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Filed under Arbitration laws, DIFC, Middle East, New York Convention