Arbitration Notes
Tag: jurisdiction
Showing 12 out of 74 results
Hong Kong court denies stay of award enforcement pending result of separate arbitration
Anti-set-off clause upheld by arbitrator meant that cross-claims in separate arbitration could not give rise to a set-off against the award debt; no …
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
NEW CIETAC RULES COME INTO EFFECT
The updated arbitration rules of the China International Economic and Trade Arbitration Commission ("CIETAC"), one of the leading PRC arbitral …
HONG KONG COURT UPHOLDS CLAIMANT'S JURISDICTIONAL CHALLENGE IN RELATION TO NON-PARTY SEEKING JOINDER
The Hong Kong Court of First Instance has set aside an HKIAC award on jurisdiction at the request of the claimant, overturning the tribunal’s ruling that …
Invalid service of Request for Arbitration not a failure of appointment procedure, says English court
In Global Aerospares Limited v Airest AS [2023] EWHC 1430 (Comm), the English Commercial Court dismissed a claim for directions under s18 of the …
Commercial Court releases its arbitration statistics: significant increase in arbitration-related applications
The Judiciary of England and Wales has published the Commercial Court Report for the year 2021-2022 (the Report). These reports are released annually to …
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 …
AUSTRALIAN FEDERAL COURT REAFFIRMS HIGH THRESHOLD FOR REFUSING ENFORCEMENT OF AWARD ON PUBLIC POLICY GROUNDS
In a recent application to enforce an arbitral award, the Federal Court of Australia rejected the award debtor’s arguments that it would be contrary to …
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. …
HKIAC 2022 CASE STATISTICS SHOW STRONG GROWTH AND CONTINUED APPEAL OF HONG KONG AS A LEADING SEAT
The HKIAC’s arbitration caseload reached its highest level for more than a decade last year, according to the institution’s recently released 2022 case …
Court of Appeal confirms peremptory order despite pending jurisdictional challenge
In the case of S3D Interactive, Inc v Oovee [2022] EWCA Civ 1665, the Court of Appeal has dismissed an appeal of a decision to enforce a peremptory order …
Cryptocurrency disputes and consumer arbitration: the next instalment
The English High Court has handed down judgment in another case concerning trades on a cryptocurrency exchange. The case of Chechetkin v Payward Ltd and …
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