Arbitration Notes

English Commercial Court finds that arbitration agreements do not extend to claims against third parties

A recent decision by the English Commercial Court confirms that the availability of an ASI in the context of third parties depends on the construction of …

MALAYSIA: HIGH COURT DECLINES TO STAY ARBITRATION PROCEEDINGS ON THE BASIS OF A NON-SIGNATORY'S ALLEGATION OF BRIBERY AND CORRUPTION UNDERLYING THE CONTRACT

ENGLISH COURT CONFIRMS THAT A THIRD PARTY CANNOT RELY ON FINDINGS IN AN ARBITRAL AWARD BETWEEN DIFFERENT PARTIES

ENGLISH HIGH COURT REFUSES TO ENFORCE UNCHALLENGED ARBITRAL AWARD IN LIGHT OF NEW EVIDENCE

ENGLISH COURT GRANTS ANTI-SUIT INJUNCTION ORDERING THE DEFENDANT TO DISCONTINUE ITS CLAIM IN A NEW YORK COURT UNDER A D&O INSURANCE POLICY

Hong Kong courts can order interim relief against non-parties—but only sparingly

The decision in Company A and Others v Company B and Others [2018] HKCU 3575 confirms that Hong Kong courts can order interim relief in support of an …

3rd EFILA annual conference 2018: parallel states’ obligations in investor-state arbitration - 5 February 2018, London

The European Federation for Investment Law and Arbitration (EFILA) will be holding its third Annual Conference on 5 February 2018 at the Senate House in …

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 …

Australian Full Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement

On 25 January 2017, the Full Federal Court of Australia dismissed Trina Solar US, Inc.’s (Trina) appeal from an earlier decision of a single Federal …

Paris Court of Appeal upholds challenge to ICC treaty award and rejects third party intervention in resisting application to set aside

The Paris Court of Appeal has upheld a challenge to an International Chamber of Commerce (ICC) investment treaty award (Cour D'Appel de Paris, Pole 1 - …

French Supreme Court allows joint guarantors to challenge arbitral award

In a decision dated 5 May 2015 (Cass. Com. 5 mai 2015, 14-16.644, available at: https://www.courdecassation.fr/jurisprudence_2/chambre_commerciale_574/424…

You're (not) welcome to the arbitration! The Singapore court considers powers to order joinder

In The Titan Unity (No. 2) [2014] SGHCR 04, an Assistant Registrar refused to grant, amongst others, a party's application for an order that it be …