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The English High Court finds that arbitration clause “trumps” insolvency rules
The case of Philpott & Orton v Lycee Francais Charles De Gaulle School serves as a welcome reminder that the English court will strictly enforce agreements to arbitrate by ordering a mandatory stay...
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High Court of Hong Kong requires strong reasons to refuse to enjoin foreign...
In the recent case of Ever Judger Holding Company Limited v Kroman Celik Sanayii Anonim Sirketi (HCCT 6/2015), the Hong Kong Court of First Instance (CFI) granted an anti-suit injunction to restrain...
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French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction clause requires one party to bring proceedings...
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English High Court considers the proper construction of an arbitration clause...
In Hashwani v OMV Maurice Energy Ltd [2015] EWHC 1811 (Comm), the English High Court (the Court) dismissed an application by reference to section 72 of the English Arbitration Act 1996 (the Act)...
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Fifth edition of our Legal Guide on Dispute Resolution and Governing Law...
Herbert Smith Freehills has published a new edition of its well-regarded guide on dispute resolution and governing law clauses in India-related commercial contracts. The Guide is intended to assist...
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Australian Corporation Act rights no bar to stay of proceedings in favour of...
In Re Ikon Group Ltd (No 2) [2015] NSWSC 981, the New South Wales Supreme Court granted a stay of proceedings in favour of international commercial arbitration. The relevant arbitration clause was...
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Thai Government Lifts Total Ban on Arbitration Clauses in State Contracts
A recent Thai Cabinet resolution relaxes the restriction on arbitration clauses in some public contracts. The resolution is seen as a positive move for arbitration and investment in Thailand, but...
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Video Post in Observations on Arbitration series: the Seat of Arbitration
In this short video in our Observations on Arbitration series, Hannah Ambrose, Professional Support Consultant in our International Arbitration practice, considers the relevance of the choice of seat...
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“Any Party may submit a dispute to arbitration”: Privy Council interprets...
In the case of Anzen Limited and others (Appellants) v Hermes One Limited (Respondent) (British Virgin Islands), the Privy Council ("PC") considered the impact of a dispute resolution clause providing...
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Hong Kong CFI stays proceedings in favour of arbitration notwithstanding...
The Hong Kong CFI has stayed a claim under a deed of guarantee pending arbitration on the basis of an arbitration agreement in a Subscription Agreement containing the guaranteed obligations (Bluegold...
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English High Court refuses to determine the existence of a disputed...
In a recent decision, the English High Court determined that it would be wrong in principle for the court to determine whether parties to a disputed contract had entered into a binding arbitration...
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When does “may” mean “shall”? Hong Kong Court rejects argument that...
In The Incorporated Owners of Wing Fai Building, Shui Wo Street v Golden Rise (HK) Project Company Limited DCCJ 225/2016, a Hong Kong court considered the effect of a dispute resolution clause that...
View ArticleMulti-tiered dispute resolution clauses in construction contracts: watch out...
In this article, Elizabeth Kantor and Philip Parrott consider the reasons why parties may wish to include multi-tiered dispute resolution clauses in their construction contracts and warn of common...
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Agreeing to Arbitrate in the UAE: “Apparent Authority” and Article 25 of the...
It has long been believed that an arbitration clause in a contract could not be enforced against a UAE company unless the person signing the contract had specific authority to bind the company to...
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Singapore Court confirms validity of clauses providing for unilateral right...
In the recent decision in Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd [2016] SGHC 23, the Singapore High Court confirmed the validity of "one-way" or unilateral clauses which bind one party...
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The English High Court extends an anti-suit injunction against proceedings...
In the latest chapter of a long-running dispute (John Forster Emmott v Michael Wilson & Partners [2016] EWHC 3010 (Comm)), different aspects of which have been considered by various jurisdictions...
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ICC report on financial institutions and international arbitration: a...
This autumn, the ICC Commission on Arbitration and ADR published a report on Financial Institutions and International Arbitration (the "Report"). The Report offers a detailed analysis of the use of...
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Australian Federal Court stays winding up application to allow arbitration of...
The Federal Court of Australia has recently held that a winding up application made in respect of a joint venture company should be stayed and the substantive underlying matters of dispute between the...
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Appointment of arbitrators: English Court grapples conflicting case law and...
In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and clarified the principles which apply to an...
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Australian Full Federal Court decision highlights the importance of...
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...
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