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English Court construes arbitration agreement reconciling two conflicting arbitration clauses
In the recent decision Transgrain Shipping BV v Deiulemar Shipping SpA (in liq) & Eleni Shipping Ltd [2014] EWHC 4202 (Comm), the English Commercial …
Podcast - "Arbitration in multi-party and multi-contract scenarios- what you need to know"
In this short podcast, senior professional support lawyers Hannah Ambrose and Vanessa Naish look at some of the issues surrounding the drafting of …
Hong Kong court confirms pro-arbitration interpretation of mandatory stay provision
In Schindler Lifts (Hong Kong) Ltd v Sui Chong Construction and Engineering Co Ltd [2014] HKEC 1967, the Hong Kong District Court ordered stay of an …
ISDA Arbitration Guide – one year on
One year on since the International Swaps and Derivatives Association ("ISDA") published its 2013 Arbitration Guide, the ISDA Arbitration Committee …
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 …
US District Court for the Southern District of New York confirms interim arbitration award
In Companion Property and Casualty Insurance Company v Allied Provident Insurance, Inc. (2014 U.S. Dist. LEXIS 136473), District Judge Nathan in the …
The Longlide case and its impact, or non-impact, on Sino-foreign arbitration clause drafting
For almost a decade, the validity of arbitration clauses that subject a Sino-foreign contract dispute to arbitration before a foreign arbitration …
English High Court: requirement to engage in time limited "friendly discussions" before arbitration is enforceable
In the 1 July 2014 decision in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), Teare J considered whether …
Going South …. Singapore High Court diverges from English Court's position on governing law of the arbitration agreement
The recent decision of the Singapore High Court in FirstLink Investments Corp Ltd v. GT Payment Pte Ltd and others [2014] SGHCR 12 highlighted the …
"Dispute Resolution and Governing Law Clauses in China-related Commercial Contracts" – 6th edition now available
Herbert Smith Freehills has published the 6th edition of our popular guide "Dispute Resolution and Governing Law Clauses in China-related Commercial …
International contracts and application of the Late Payments of Commercial Debts (Interest) Act 1998: London arbitration clause does not provide a "significant connection" to England
In an appeal on a point of law under s69 of the Arbitration Act 1996 in Martrade Shipping & Transport GmbH v United Enterprises Corporation, the …
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 …
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