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Arbitration and related third parties: Victorian Court of Appeal to rule on application to stay litigation based on upstream NZ arbitration agreement
In a recent decision,[1] the Supreme Court of Victoria rejected a New Zealand company’s application to stay a third party claim against it. The NZ …
Madrid Court of Appeal affirms optional dispute resolution clause
On 18 October 2013, the Madrid Court of Appeal (the Court of Appeal) affirmed the validity of an optional dispute resolution clause which provided for …
The future of financial services arbitration
Recent years have seen rapid growth in the use of arbitration as a means of resolving disputes in the financial services sector, an area where English or …
South Korean Courts Twice Refuse to Enforce International Arbitral Awards
In our two previous blogs¹ on South Korea we commented on the opening of the Seoul International Dispute Resolution Centre and noted that this, together …
Don't count your chickens: tribunal refuses jurisdiction in final stages of UNCITRAL arbitration
In Ruby Roz Agricol and Kaseem Omar v Kazakhstan, UNCITRAL (Award on Jurisdiction) (1 August 2013), Ruby Roz Agricol LLP (Ruby Roz), a Kazakh company in …
Pakistan Supreme Court declares a contract – and the arbitration clause within that contract – void on public policy grounds
In a decision earlier this year the Pakistan Supreme Court declared that a joint venture agreement between a local development authority and BHP for the …
Sharing it with the class – a review of recent US Supreme Court decisions on class action arbitration
The US Supreme Court recently issued two key decisions regarding the enforceability of class arbitration waivers and arbitrators' powers to interpret …
The 5th CYAG Seminar – Cultural Differences between East and West in International Commercial Arbitration
On June 13th 2013, Mr Philip Yang was guest speaker at the latest China Young Arbitration Group ("CYAG") seminar that was held at the Beijing office of …
UK Supreme Court confirms power to issue an anti-suit injunction even when no arbitration is underway or proposed
The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in …
High Court confirms unilateral jurisdiction clause is valid under English Law
In the recent case of Mauritius Commercial Bank Ltd v Hestia Holdings Ltd and Another [2013] EWHC 1328 (Comm), the English Commercial Court confirmed …
ISDA's Financial Law Reform Committee meets in Singapore to discuss model arbitration clauses
Following the release by the International Swaps and Derivatives Association ("ISDA") of various draft model arbitration clauses for use with the 1992 …
Court of Appeal grapples with the relationship between an arbitration clause and the rights of third parties: decision in Fortress Value case upheld but on different reasons
In May 2012, the Commercial Court dealt with the circumstances in which a third party beneficiary of a right under a contract will be treated as a party …
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