Arbitration Notes

English Court Reserves Costs of an ASI Application for Arbitral Tribunal to Facilitate Enforcement

The English Court has granted an order to reserve costs to an arbitral tribunal on the basis that an arbitral award could be enforced with greater ease …

Arbitration and Sanctions in O v C: A Balancing Act

The English High Court recently considered whether to order a party to make a payment into court in support of an ongoing arbitration despite the risk of …

Hong Kong court refuses leave to appeal on questions of law against interim injunction granted by arbitrator

Decision is the latest to underline the important distinction between awards and interim orders

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 …

LCIA publishes its Casework Report for 2022 – percentage of Asian parties triples and, for the first time in 25 years, no arbitrator challenges pursuant to Article 10 of the LCIA Rules

The LCIA has published its Casework Report for 2022, which is the LCIA's annual summary of its caseload and trends. It reported fewer new cases than …

MALAYSIAN COURT RECONFIRMS THAT TRIBUNALS TAKE PRIORITY OVER COURTS WHEN GRANTING INTERIM RELIEF

The Malaysian High Court has reconfirmed that if the same interim relief can be granted by an arbitral tribunal and the courts, a party should first …

English Commercial Court dismisses s68 challenge but observes that the arbitrators exceeded their powers in granting interim relief in the form of an award

On 16 September 2022, the English Commercial Court delivered its judgment in EGF v HVF, HWG, TOM, DCK, HRY [2022] EWHC 2470 (Comm) in respect of a …

English High Court confirms that a non-participating party may contest jurisdiction even though an arbitrator has been appointed

In National Investment Bank Ltd v Eland International (Thailand) Co. Ltd and another [2022] EWHC 1168 (Comm), the English High Court considered the …

HSF publishes Disputes in the Technology Industry Q&As for Practical Law (UK)

HSF technology disputes practitioners Andrew Moir, Rachel Lidgate, Martin Hevey, Kate Macmillan, Peter Dalton, Heather Newton and Rachel Montagnon have …

INDIAN SUPREME COURT ALLOWS INDIAN PARTIES TO CHOOSE A FOREIGN SEAT OF ARBITRATION

HIGH COURT OF GUJARAT FINDS THAT TWO INDIAN PARTIES CAN CHOOSE A FOREIGN SEAT OF ARBITRATION BUT CANNOT OBTAIN INTERIM RELIEF IN INDIAN COURTS

Hong Kong–Mainland interim relief arrangement to take effect 1 October

The Supreme People's Court of China and the Department of Justice of Hong Kong SAR announced today that the Arrangement Concerning Mutual Assistance in …