Arbitration Notes

INDIAN SUPREME COURT REVERSES RECENT JUDGMENT AND HOLDS THAT (ALLEGEDLY) UNSTAMPED OR INADEQUATELY STAMPED ARBITRATION AGREEMENTS CANNOT HOLD UP APPOINTMENT OF ARBITRATORS OR PREVENT PARTIES FROM BEING REFERRED TO ARBITRATION

In a welcome decision for commercial parties, the Supreme Court has overruled its own controversial decision from earlier in 2023. The Court held that …

INDIAN SUPREME COURT CLARIFIES APPLICABILITY OF THE 'GROUP OF COMPANIES' DOCTRINE IN COX AND KINGS LTD. V. SAP INDIA PRIVATE LTD.

TERRAFORM NOT ON TERRA FIRMA - SINGAPORE COURT REFUSES TO STAY CRYPTO CLAIMS IN FAVOUR OF ARBITRATION

UPDATE: LEGISLATIVE PROCESS UNDERWAY FOR ARBITRATION BILL TO REVISE ENGLISH ARBITRATION ACT 1996

GENERAL ASSEMBLY OF THE DUBAI COURT OF CASSATION HAS PROVIDED NEEDED CLARITY REGARDING THE VALIDITY OF ARBITRATION AGREEMENTS

The General Assembly of the Dubai Court of Cassation has recently issued a judgment in its Decision No. 10 of 2023 (the "2023 Decision"), in which it …

LAW COMMISSION'S RECOMMENDATIONS FOR REFORM OF ARBITRATION ACT TO BE CONSIDERED IN FORTHCOMING PARLIAMENTARY SESSION

The King's speech, which was delivered today (7 November 2023), confirmed that Parliament will consider the Law Commission's recommendations for the …

HONG KONG COURT STAYS "TRADEMARK SQUATTING" LITIGATION IN FAVOUR OF ARBITRATION

The Hong Kong Court of First Instance has stayed tortious claims relating to "trademark squatting" commenced pursuant to an exclusive jurisdiction clause …

The Law Commission's Second Consultation Paper – an evolving approach

This week the Law Commission published a second Consultation Paper as part of its review of the English Arbitration Act (the Act). The Paper raises three …

No contract, no arbitration agreement? The separability principle explained

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA 1555, the Court of Appeal considered whether an arbitration agreement was …

QUEENSLAND COURT OF APPEAL UPHOLDS ARBITRATION AGREEMENT IN ESCALATION CLAUSE

CYPRIOT CASE OF NDK KO'D BY ENGLISH COMMERCIAL COURT: THE FIONA TRUST PRINCIPLE PREVAILS ONCE AGAIN

Landmark ruling of Germany's Constitutional Court: Arbitration Clause Violates Access to Justice

In a long-awaited landmark ruling in a case concerning the German ice-skating champion Claudia Pechstein, the German Federal Constitutional Court …