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DIS adopts model clause to be used with ISDA Master Agreement
Effective January 2017, the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit, "DIS") has adopted a new model clause to be used with the 2002 ISDA Master Agreement...
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‘Bare’ arbitration clauses and the extent to which the Singapore court may...
In K.V.C Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and another Suit [2017] SGHC 32 ("KVC Action") the Singapore High Court discussed the extent to which the Singapore courts and the...
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High Court confirms UNCITRAL Tribunal Award on jurisdiction
The High Court has confirmed an UNCITRAL Tribunal's Award on Jurisdiction, which rejected jurisdiction under an investment contract (Contract) and the 1994 Kazakh Law on Foreign Investment (FIL). The...
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New Zealand considers further amendments to its Arbitration Act
On 9 March 2017, the Arbitration Amendment Bill (Bill) was introduced to the New Zealand Parliament. The Bill proposes to amend the Arbitration Act 1996 (Act), and follows recommendations by the...
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Singapore Court of Appeal confirms the validity of “unilateral option to...
In the recent decision of Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd [2017] SGCA 32, the Singapore Court of Appeal confirmed that the Singapore courts will enforce a dispute resolution...
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India related commercial contracts: dispute resolution and governing law clauses
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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US Court blocks enforcement of award due to effect of the terms of...
In Diag Human S.E. v Czech Republic Ministry of Health, the District Court of Columbia in Washington D.C. has dismissed an application brought by Diag Human (Diag) to enforce a 2008 arbitration award...
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Indian Supreme Court upholds English High Court’s decision on parties’ choice...
The Indian Supreme Court’s judgment in Roger Shashoua v Mukesh Sharma sheds further light on the court’s approach to interpreting arbitration agreements, particularly regarding the parties’ implied...
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Singapore High Court dismisses stay applications on basis of repudiatory...
In Heartronics Corporation v EPI Life Pte Ltd and Others [2017] SGHCR 17, the Singapore High Court considered applications to stay proceedings pursuant to arb-med-arb clauses in the relevant...
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English High Court removes arbitrator on the basis that he did not possess...
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...
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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...
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SIAC issues proposal for consolidation of arbitral proceedings between...
On 19 December 2017, the Singapore International Arbitration Centre (SIAC) released a proposal on cross-institution cooperation and consolidation of arbitral proceedings conducted under different...
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Further Indian jurisprudence on appointments of former employees as arbitrators
Since our previous report on the Delhi High Court refusing to uphold an arbitration clause that provided for the tribunal to be comprised of one party’s employees or retired employees, there have been...
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Hong Kong Courts grant anti-suit injunctions to restrain foreign proceedings...
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...
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English court sets aside tribunal’s award on jurisdiction, finding that the...
In its recent decision in the case of A v B [2017] EWHC 3417 (Comm) (available here), the English Commercial Court (the “Court“) set aside the tribunal’s award upholding its own jurisdiction, on the...
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English Court of Appeal reinstates the appointment of an arbitrator on the...
In Allianz Insurance and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434, the English Court of Appeal has reversed the decision of the High Court on whether a...
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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...
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New South Wales CA imports arbitration clause from one entity to another,...
In Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd [2018] NSWCA 81, the New South Wales Court of Appeal overturned the decision of the New South Wales Supreme Court by...
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West Tankers principle unaffected by Recast Brussels Regulation; mandatory...
In Nori Holdings Limited et al v PJSC Bank Okritie Financial Corporation [2018] EWHC 1343 (Comm) the English court has applied the Recast Brussels Regulation, finding that the West Tankers principle...
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Win some, lose some: English court considers contractual limit on period to...
The English Commercial Court (the Court) has considered[1] the principles governing contractual time-bars and an application under s12 of the English Arbitration Act 1996 (the Act) to extend a...
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