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Showing 12 out of 12 results
Scope and validity of asymmetric jurisdiction clauses in France
On 7 October 2015, in Cass. 1ère Civ., 7 October 2015, No 14-16.898, the Cour de cassation (the French Supreme Court) handed down a decision that …
English High Court: No inconsistency between exclusive jurisdiction and arbitration provisions
In Exmek Pharmaceuticals SAC v Alkem Laboratories Limited [2015] EWHC 3158 (Comm), the claimant ("Exmek") challenged an arbitral award for want of …
Singapore Court of Appeal provides guidance on applications to stay proceedings in favour of arbitration and scope of arbitrability
In Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57, a distinguished panel of the Singapore Court of …
The Hague Convention on Choice of Court Agreements: a reciprocal enforcement regime to rival the New York Convention 1958?
The Hague Convention of 30 June 2005 on Choice of Court Agreements (the Convention) comes into force today, 1 October 2015. The intention of the …
'Which came first, the chicken or the egg?': Singapore High Court upholds competence-competence where existence of arbitration agreement in dispute
In its recent decision in Malini Ventura v Knight Capital Pte Ltd & others [2015] SGHC 225, the Singapore High Court has dismissed an application …
Competing jurisdiction clauses in a multi-contract scenario: a potential case management solution from Hong Kong
In the recent case of CPC Construction Hong Kong Limited v Harvest Engineering (HK) Limited and another (HCA 2096/2013), a series of loan agreements set …
English High Court considers the proper construction of an arbitration clause to determine whether the ICC has jurisdiction to arbitrate the dispute
In Hashwani v OMV Maurice Energy Ltd [2015] EWHC 1811 (Comm), the English High Court (the Court) dismissed an application by reference to section 72 of …
Finality of partial awards: English court finds that applicant loses the right to object to jurisdiction by failing to challenge a partial award
In Emirates Trading Agency LLC v Sociedade de Fomento Industrial Private Limited [2015] EWHC 1452 (Comm), the English High Court (the Court) dismissed an …
French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction …
Indonesia announces renegotiation of BITs
Since the Dutch government’s announcement last year that Indonesia had terminated the 1995 Bilateral Investment Treaty (BIT) between those countries, …
The Singapore Court adopts a pragmatic approach in its consideration of various aspects of a jurisdictional challenge
In the case of AQZ v ARA , the Singapore High Court has provided useful guidance and clarification on a number of procedural issues relating to …
Singapore High Court overturns Tribunal's Award on Jurisdiction in Investor-State Arbitration
The Singapore High Court recently ruled in favour of the Government of Laos in a challenge to the jurisdiction of an arbitral tribunal hearing a claim …
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Simon Chapman KC
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Partner, Global Co-Head of International Arbitration and of Public International Law, London

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