Tag Archives: Dispute resolution clauses
Hong Kong Court of Appeal addresses the enforceability of English anti-suit injunction
In the recent case of Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Limited (CACV 243/2014), the Court of Appeal (CA) held that an English anti-suit injunction with respect to legal proceedings in another jurisdiction (China) could not … Continue reading
Filed under Contract, Hong Kong, Jurisdiction
ADR Practical Guide launched on the use of Mediation with Arbitration
Our London ADR team has launched the sixth guide in their series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on mediation. … Continue reading
Filed under ADR, Arbitration, Contract, Hong Kong, Japan, Jurisdiction, South East Asia
Privy Council deals with Jurisdictional Clauses in Trusts
Crociani & O’rs v Crociani & O’rs & Camilla de Bourbon des deux Siciles [2014] UKPC 40 Background The case arose from proceedings commenced in Jersey in January 2013 concerning alleged breaches of a trust which was created in 1987 … Continue reading
Filed under Jurisdiction, Private wealth and trusts
Singapore International Mediation Centre is launched, offering parties an “Arb-Med-Arb” process in partnership with SIAC
The Singapore International Mediation Centre (SIMC) was officially launched on 5 November 2014. Set up following the recommendations of a Working Group chaired by Edwin Glasgow CBE QC and George Lim SC, the SIMC will supplement the array of international … Continue reading
Filed under ADR, Arbitration, South East Asia
The English courts give guidance on the enforceability of conciliation clauses
Dispute resolution clauses in commercial agreements often contain a requirement to negotiate in good faith or to enter into a form of alternative dispute resolution (ADR) process before starting court or arbitration proceedings. Parties are likely to rely upon them … Continue reading
Filed under ADR, Arbitration, Hong Kong, Jurisdiction
Recent Singapore High Court decision on arbitration clause controversial in light of 2012 ICC Rules
The Singapore High Court (the “Court“) considered whether an arbitration clause which stipulated that disputes were to be settled by arbitration under the ICC Rules in Singapore administered by a non-existent institution was inoperable. The Court ruled that the arbitration … Continue reading
Filed under Arbitration, South East Asia
The Singapore Court of Appeal gives guidance on the interpretation of non-exclusive jurisdiction clauses
In the recent decision in Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala the Singapore Court of Appeal has overturned the decision of the High Court and confirmed that a non-exclusive jurisdiction clause in favour of the Hong Kong courts … Continue reading
Filed under Jurisdiction, South East Asia
Hong Kong Court of Appeal allows enforcement of PRC arbitral award and provides important guidance on objections to arbitral procedure and “arb-med”
In Gao Haiyan and another v. Keeneye Holdings and another CACV 79/2011, the Hong Kong Court of Appeal has allowed the enforcement of a mainland Chinese arbitral award, reversing a decision of the Court of First Instance to refuse enforcement … Continue reading
Filed under ADR, Arbitration, China, Enforcement, Hong Kong
Indonesia: BPMigas relaxes stance in requiring BANI arbitration clause in regulated contracts
In an important recent development for oil and gas companies operating in Indonesia, BPMigas has relaxed its stance in requiring BANI arbitration clauses in regulated contracts. Officials at BPMigas now state that companies entering into contracts in Indonesia may use … Continue reading
Filed under Arbitration, South East Asia