Arbitration Notes

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 …

3 for the price of 1: English Commercial Court issues guidance on: (i) what constitutes an "award" (ii) whether a cross-claim under a different contract can fall within an arbitrator's jurisdiction, and (iii) the circumstances in which the Court will order compliance with a Peremptory Order

In the case of RQP v ZYX, the English Court has issued a jam-packed judgment on three important issues. In dismissing RQP's three applications, Mr …

CODE IS NOT LAW — ARBITRATION'S CRITICAL ROLE IN RESOLVING CRYPTO DISPUTES

With the crypto market enduring its most significant test to date, we explore how arbitration has become the industry's go-to forum for solving complex …

STAY OF NFT CONSUMER CLAIM IN FAVOUR OF NEW YORK ARBITRATION REFUSED UNDER AA 1996, S 9(4) (SOLEYMANI V NIFTY GATEWAY)

HSF Partner Simon Chapman KC, Senior Associate Charlie Morgan, Associate Olga Dementyeva and Trainee Solicitor Dan Huang have recently written an article …

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 …

SIERRA LEONE PARLIAMENT APPROVES NEW ARBITRATION LEGISLATION

QUEENSLAND COURT OF APPEAL UPHOLDS ARBITRATION AGREEMENT IN ESCALATION CLAUSE

Hong Kong Court Clarifies Threshold for Setting Aside Awards

SINGAPORE COURT OF APPEAL PARTIALLY SETS ASIDE ICC AWARD OVER ITS "FLEXIBLE APPROACH" TO DAMAGES

In CEF and another v CEH, the Singapore Court of Appeal partially set aside a €62 million ICC award concerning the construction of an iron and steel …

Landmark ruling of Germany's Constitutional Court: Arbitration Clause Violates Access to Justice

In a long-awaited landmark ruling in a case concerning the German ice-skating champion Claudia Pechstein, the German Federal Constitutional Court …

HKIAC USERS GAIN ADDITIONAL ROUTE TO MAINLAND INTERIM RELIEF AND ENFORCEMENT

ENFORCEMENT OF CIETAC AWARD IN HONG KONG STAYED, BUT NOT FOR LONG

Summary In a further decision in the long-running G v X matter (see our previous blog post here), the Hong Kong court has decided to stay enforcement of …