Arbitration Notes
Tag: manufacturing
Showing 12 out of 13 results
AUSTRALIAN FEDERAL COURT OF APPEAL ALLOWS PARTIES TO CONTRACT OUT OF MANDATORY JURISDICTION IMPOSED BY THE CARRIAGE OF GOODS BY SEA ACT 1991 (CTH)
In a recent decision, the Australian Federal Court of Appeal refused an anti-suit injunction which sought to prevent the commencement of arbitral …
EU and Japan formally sign economic partnership agreement
On 17 July 2018, the EU-Japan Economic Partnership Agreement (EPA) was formally signed during the EU-Japan summit in Tokyo. The EPA – the largest …
Hong Kong Courts grant anti-suit injunctions to restrain foreign proceedings in breach of an arbitration agreement
In Arjowiggins HKK2 Ltd v Shandong Chenming Paper Holdings Ltd [2018] HKCFI 93, the Hong Kong Court of First Instance has granted an anti-suit injunction …
English Court rejects claim that notice of arbitration given in a foreign language is not proper notice
In a dispute between an English company and a Russian company, the English High Court (the Court) refused to set aside an order enforcing a Russian …
NAFTA tribunal considers issues of res judicata and the customary international law minimum standard of treatment
In Apotex Holdings Inc. and Apotex Inc. v United States of America, (ICSID Case No. ARB(AF)/12/1), a NAFTA chapter eleven …
BLC and Ors v. BLB and Anor [2014] SGCA 40 – the Singapore Court of Appeal sets out its approach to setting aside applications premised on allegations of awards made infra petita
In the recent decision in BLC and ors v. BLB and anor [2014] SGCA 40 ("the BLC decision"), the Singapore Court of Appeal reversed the decision of the …
Australian Court upholds primacy of the arbitral fact finding process
On 16 July 2014, the Full Federal Court of Australia handed down its reasons for dismissing TCL Air Conditioner (Zhongshan) Co Ltd’s (TCL) appeal[1] from …
Arbitration and related third parties: Victorian Court of Appeal to rule on application to stay litigation based on upstream NZ arbitration agreement
In a recent decision,[1] the Supreme Court of Victoria rejected a New Zealand company’s application to stay a third party claim against it. The NZ …
Madrid Court of Appeal affirms optional dispute resolution clause
On 18 October 2013, the Madrid Court of Appeal (the Court of Appeal) affirmed the validity of an optional dispute resolution clause which provided for …
Australia-Korea FTA concluded: investor-state dispute resolution mechanism included
On 5 December 2013, Australia and South Korea concluded negotiations for a Free Trade Agreement (FTA). Trade with South Korea was valued at AU$31.9 …
Application to remove arbitrators for bias – not on District Court's watch
In a robust judgment, the US District Court of the Southern District of New York has rejected PK Time's application to remove two arbitrators for alleged …
Tokyo District Court refuses to find that an arbitral award is contrary to the morality or public policy of Japan
On 26 February 2010, the Tokyo High Court upheld the Tokyo District Court's Decision No. 3 of 28 July 2009, refusing to overturn an arbitral award …
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