Arbitration Notes

Hold On To Your Seats! English Court Clarifies Jurisdictional Gateway for ASIs

A recent English Commercial Court decision partially discharging interim relief highlights the jurisdictional hurdles faced by parties seeking ASIs in …

"It takes two to tango": Hong Kong Court of Appeal upholds award challenge due to lack of dispute between parties

Arbitrator lacked jurisdiction to grant declaration of non-liability where no liability alleged; award contrary to public policy due to improper comments …

CROSS POST: COURT OF APPEAL OVERTURNS FIRST INSTANCE JUDGMENT WHICH HELD A CONTRACTUAL PROVISION PROHIBITING ASSIGNMENT COULD PREVENT INSURER’S SUBROGATION RIGHTS

NO TWO BITES AT THE CHERRY: SINGAPORE COURT REFUSES RE-LITIGATING JURISDICTION ISSUES UPON ENFORCEMENT APPLYING DOCTRINE OF TRANSNATIONAL ISSUE ESTOPPEL

HONG KONG COURT UPHOLDS CLAIMANT'S JURISDICTIONAL CHALLENGE IN RELATION TO NON-PARTY SEEKING JOINDER

The Hong Kong Court of First Instance has set aside an HKIAC award on jurisdiction at the request of the claimant, overturning the tribunal’s ruling that …

AUSTRALIAN FEDERAL COURT OF APPEAL ALLOWS PARTIES TO CONTRACT OUT OF MANDATORY JURISDICTION IMPOSED BY THE CARRIAGE OF GOODS BY SEA ACT 1991 (CTH)

In a recent decision, the Australian Federal Court of Appeal refused an anti-suit injunction which sought to prevent the commencement of arbitral …

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

Inconsistent dispute resolution clauses – exploring the limits of the Fiona Trust presumption

HONG KONG COURT SET ASIDE AN AWARD WHICH EXCEEDED THE SCOPE OF SUBMISSION TO ARBITRATION

English Court sets aside award on the ground that the arbitral tribunal lacked substantive jurisdiction

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co., Ltd [2022] EWHC 181 (Comm), the Commercial Court has set aside an arbitral award under …

The French Supreme Court employs the principle of procedural loyalty to prevent a jurisdictional challenge

In Tagli'apau v Amrest Holdings and al. (Cass. Civ. 1ère, 9 February 2022, No. 21-11253), the French Supreme Court reversed the decision of the lower …

FURTHER HONG KONG JUDGMENT CONFIRMS THAT AN ARBITRAL TRIBUNAL IS "THE MASTER OF ITS OWN PROCEDURAL RULES" AND COMPLIANCE WITH PRE-ARBITRATION CONDITIONS SHOULD NOT BE REVIEWED BY THE COURTS