Arbitration Notes

Hong Kong court reconciles conflicting dispute resolution clauses and refers parties to arbitration

Reference to "relevant legally authorised body in Hong Kong for arbitration" evinced clear intention to arbitrate; exclusive Hong Kong court jurisdiction …

Delhi High Court rules that third party funder has no liability to pay costs award against a losing funded party

In the recent case of Tomorrow Sales Agency Ltd v SBS Holdings Inc, a Division Bench of the Delhi High Court has refused to hold a third party funder …

ARBITRATION OF INSOLVENCY DISPUTES: THE VIEW FROM THE AUSTRALIAN COURTS

Two recent judgments from different Australian courts have considered circumstances in which insolvency disputes can (or cannot) be arbitrated in …

HONG KONG COURT FOLLOWS ENKA V CHUBB TO DETERMINE GOVERNING LAW OF DISPUTE RESOLUTION CLAUSE

A Hong Kong Court has followed the landmark judgment of the English Supreme Court in Enka v Chubb (reported here) to determine the governing law of a …

GIVE MANDATORY MEDIATION A CHANCE: INSIGHTS FROM THE LCAM-HSF SURVEY ON COMPULSORY MEDIATION

Study shows support by members of the dispute resolution community for some degree of mandatory mediation in both litigation and arbitration proceedings. …

THE FINAL DECISION IN THE VIDATEL CASE: THE APPLICATION OF THE PRINCIPLE OF EQUALITY IN THE CONSTITUTION OF THE ARBITRAL TRIBUNAL

In Vidatel v. PT Ventures, Mercury and Geni case (Cass. Civ. 1ère, 9 November 2022, No 21-17203), the French Supreme Court upheld the 2021 decision of …

PRIVATE EQUITY FIRM PREVAILS OVER INDIAN PROMOTOR'S GUERRILLA TACTICS, MAKING NEW LAW ON THE ARBITRABILITY OF DISPUTES IN SINGAPORE

In an ugly corporate divorce related to an online matrimonial website, the Singapore Court of Appeal decided that the arbitrability of a dispute will be …

Arbitration, the creature which can be tamed: the Federal Court of Australia clarifies the interplay between a non-municipal legal system and the statutory regime for enforcement of arbitral awards

A drawcard for arbitration is its flexible nature, which makes it a suitable mechanism for resolving a wide range of bespoke disputes. This flexibility …

HONG KONG COURT CONSTRUES INCONSISTENT DISPUTE RESOLUTION CLAUSES IN RELATED CONTRACTS

Full Court of the Federal Court of Australia gives guidance on award enforcement

In an appellate judgment, the Full Court of the Federal Court of Australia has ruled that a foreign arbitral award is not enforceable because the …

ENGLISH SUPREME COURT TO DECIDE APPROACH TO DETERMINING GOVERNING LAW OF ARBITRATION AGREEMENT

ENGLISH COURT OF APPEAL UPHOLDS STAY OF COURT PROCEEDINGS IN FAVOUR OF ARBITRATION, AS RELIEF UNDER THE COMPANIES ACT 2006 FELL WITHIN THE ARBITRATION AGREEMENT AND WAS ARBITRABLE