Arbitration Notes

LCAM-HSF survey on costs in mediation and arbitration

Following the success of the last two joint surveys on mediation in arbitration and attitudes towards mandatory mediation, we are pleased to announce …

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

Hong Kong court confirms power to grant security for costs in set-aside applications

The Hong Kong Court of First Instance has ordered three award debtors to pay HK$2 million (approximately US$250,000) as security for the costs of an …

Arbitration and consumer rights: the Eternity Sky appeal and personal guarantees

In Eternity Sky Investments Ltd v Xiaomin Zhang (with the CMA as intervener) [2024] EWCA Civ 630, the English Court of Appeal upheld an arbitration award …

English Commercial Court rejects novel argument that LCIA arbitration agreement frustrated by sanctions, granting anti-suit and anti-enforcement injunctions restraining Russian proceedings

In an ongoing dispute between Barclays Bank and VEB, the state development bank of the Russian Federation, the English Commercial Court has granted (i) …

Comity Central: English Commercial Court emphasises importance of comity in refusing to grant anti-suit injunction restraining Malaysian proceedings

In Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 986 (Comm), the English Commercial Court (the Commercial Court) refused an anti-suit …

Keeping its finger on the pulse: the English Supreme Court rules that the Court of Appeal overreached in an appeal under section 69 of the English Arbitration Act

In the recent case of Sharp Corp Ltd v Viterra BV [2024] UKSC 14, the Supreme Court held that the Court of Appeal had impermissibly acted beyond the …

Arbitration Act reform awaits new Parliament's agenda

Hong Kong court upholds jurisdiction challenge due to incompatible arbitration agreements

The Hong Kong Court of First Instance has set aside a jurisdictional award in an HKIAC arbitration under multiple contracts because the arbitration …

Hong Kong court rejects challenge to arbitrators for apparent bias

The Hong Kong Court of First Instance has dismissed an application for the removal of arbitrators in an UNCITRAL arbitration administered by the HKIAC (P …

English Commercial Court rules in favour of publishing a judgment on an arbitration claim

In Mordchai Ganz v Petronz FZE & Abraham Goren [2024] EWHC 1011 (Comm), the English Commercial Court (the Court) decided to publish a non-anonymised …