Arbitration Notes

MALAYSIA: COURT OF APPEAL SUSPENDS RECOGNITION AND ENFORCEMENT OF AN AWARD ON THE BASIS IT IS NOT YET BINDING

MALAYSIAN HIGH COURT UPHOLDS ARBITRATOR DISCRETION IN DECISION MAKING

ENGLISH COURT GRANTS ANTI-SUIT INJUNCTION RESTRAINING FOREIGN PROCEEDINGS IN BREACH OF ARBITRATION AGREEMENT INCORPORATED BY REFERENCE IN BILLS OF LADING

ENGLISH COURT ALLOWS SECTION 69 APPEAL OF AN AWARD ON A POINT OF LAW – OWNERS WERE REQUIRED TO PROVIDE BILLS OF LADING IN SUPPORT OF THEIR DEMURRAGE CLAIM

ENGLISH COURT OF APPEAL ORDERS NON-PARTY TO GIVE EVIDENCE IN SUPPORT OF NEW YORK-SEATED ARBITRATION

AWARD CREDITORS SUCCESSFULLY CHALLENGE AWARD TO CLARIFY IDENTITY OF A PARTY

THE CONTINUING IMPORTANCE OF FULL AND FRANK DISCLOSURE IN APPLICATIONS FOR FREEZING ORDERS IN SUPPORT OF ARBITRATION

HONG KONG: COURT REFUSES STAY WHERE ARBITRATION CLAUSE NOT INCORPORATED FROM CHARTERPARTY

In OCBC Wing Hang Bank Ltd v Kai Sen Shipping Co Ltd [2020] HKCFI 375, the Hong Kong Court of First Instance (Court) dismissed a summons for a stay of …

ENGLISH COURTS DECLINE TO GIVE ORDER FOR TAKING OF EVIDENCE FROM NON-PARTY TO ARBITRATION AGREEMENT

COURT OF APPEAL UPHOLDS HIGH COURT DECISION THAT A DISCLOSED PRINCIPAL IS ENTITLED TO ENFORCE AN ARBITRATION AGREEMENT DESPITE BEING A NON-SIGNATORY

MALAYSIA’S FEDERAL COURT SETS ASIDE DEFAULT JUDGMENT OBTAINED IN BREACH OF AN ARBITRATION AGREEMENT

PRIVY COUNCIL DISMISSES CHALLENGE TO MAURITIAN ARBITRAL AWARD BASED ON ALLEGED BREACHES OF NATURAL JUSTICE AND PUBLIC POLICY