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No U-Turns Ahead: Singapore Court of Appeal holds that commencement of court proceedings may lose you the right to later rely on arbitration agreements
In the recent landmark decision of Marty Ltd v Hualon Corp (Malaysia) Sdn Bhd [2018] SGCA 63, the Singapore Court of Appeal held that the commencement of …
Be on time to preserve your right to Active Remedies – the Singapore High Court considers a party's duty to apply promptly when challenging the jurisdiction of an arbitral tribunal
In Rakna Arakshaka Lanka Ltd ("RALL") v Avant Garde Maritime Services (Private) Limited ("AGMS") [2018] SGHC 78, the Singapore High Court dismissed an …
Tribunal awards India first BIT case win, dismissing claims of French investor
An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS ("LDA"), against India …
HONG KONG COURT OF APPEAL: COMMON LAW ACTIONS AVAILABLE TO ENFORCE ARBITRAL AWARDS
Two key developments emerge from the long-running proceedings in Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2 HKLRD 1106 and Xiamen …
West Tankers principle unaffected by Recast Brussels Regulation; mandatory foreign jurisdictional rules do not encroach on scope of widely worded arbitration clause
In Nori Holdings Limited et al v PJSC Bank Okritie Financial Corporation [2018] EWHC 1343 (Comm) the English court has applied the Recast Brussels …
English High Court grants an anti-suit injunction and confirms that the choice of arbitral seat is "analogous to an exclusive jurisdiction clause"
In Atlas Power v National Transmission and Despatch Company Ltd [2018] EWHC 1052 the English High Court granted a final anti-suit injunction to …
English Court holds that arbitration clauses in individual sales contracts govern the disputes arising from corrupt arrangement to induce the contracts when an "umbrella agent agreement" is silent about dispute resolution
In a decision dated 24 April 2018, the English Commercial Court (the "Court") dismissed challenges brought under s67 and s32 of the English …
Dawood Rawat v Mauritius: Dual-national claim dismissed based on treaty context interpretation
On 6 April 2018, a Tribunal constituted under the UNCITRAL Arbitration Rules rendered an Award on Jurisdiction in the case Dawood Rawat v. The Republic …
The English court sets aside a Tribunal's findings of lack of jurisdiction under a BIT
In a decision dated 2 March 2018 (the "Decision"), the English High Court has set aside parts of an award on jurisdiction (the "Award") from a …
Arbitration: its growth, practical uses and limitations in an employment law context
There is a growing appetite to resolve employment disputes by arbitration. This is the finding of the UK Employment Lawyers Association (ELA) …
Amendments to the Singapore International Commercial Court Regime to strengthen Singapore as an international arbitration seat of choice
On 9 January 2018, amendments were passed to the Supreme Court of Judicature (Amendment) Act ("SCJA ") which clarify that the Singapore International …
Delhi High Court confirms that two Indian parties can choose a foreign seat of arbitration and applies the alter ego doctrine to join non-parties to the arbitration agreement
In GMR Energy Limited v. Doosan Power Systems India Private Limited, the Delhi High Court confirmed that two Indian parties can contract to have a …
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