Tag: fiona trust
Showing 12 out of 13 results
No contract, no arbitration agreement? The separability principle explained
In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA 1555, the Court of Appeal considered whether an arbitration agreement was …
CYPRIOT CASE OF NDK KO'D BY ENGLISH COMMERCIAL COURT: THE FIONA TRUST PRINCIPLE PREVAILS ONCE AGAIN
HONG KONG COURT REFUSES TO TIGHTEN THE TEST AND STAYS WINDING-UP PETITION IN FAVOUR OF ARBITRATION
ENGLISH COURT CONSIDERS APPLICATION FOR PART 20 CLAIMS POTENTIALLY SUBJECT TO ARBITRATION AND ISSUE ESTOPPEL
ENGLISH HIGH COURT STAYS COURT PROCEEDINGS IN FAVOUR OF ARBITRATION AND INTERPRETS CONFLICTING DISPUTE RESOLUTION PROVISIONS
ENGLISH HIGH COURT GRANTS AN ANTI-SUIT INJUNCTION IN FAVOUR OF ARBITRATION IN RESPECT OF PROCEEDINGS UNDER FOREIGN INSOLVENCY LEGISLATION
Hong Kong Court grants injunction, holds tortious claim unaffected by arbitration agreement
In Castlemil Infant (HK) Supplies Co Ltd v Care N Love Development Ltd [2018] HKDC 1419, the Hong Kong District Court granted a mandatory injunction, …
Absence of a bilateral or multilateral treaty for enforcement of judgments between UK and Lebanon leads to English Court issuing anti-suit injunction in favour of arbitration
In the case of Perkins Engines Company Limited v Mohammed Samih Hussein Ghaddar & Ghaddar Machinery Co. S.A.L [2018] EWHC 1500 (Comm) the English …
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 …
The English High Court extends an anti-suit injunction against proceedings brought in breach of an arbitration agreement
In the latest chapter of a long-running dispute (John Forster Emmott v Michael Wilson & Partners [2016] EWHC 3010 (Comm)), different aspects of which …
Fiona Trust v Privalov in the High Court
The Fiona Trust case is one of the best known decisions in English arbitration case law, setting out a "fresh start" in English jurisprudence with the …
Commercial Court provides guidance on "serious irregularity" and confirms arbitral tribunal has jurisdiction to determine contractual rights and obligations in light of criminal conduct
In the recent decision of Interprods Ltd v De La Rue International Ltd [2014] EWHC 68 (Comm), the English Commercial Court dismissed the challenges under …
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