Arbitration Notes

SINGAPORE COURT OF APPEAL INTRODUCES A LOWER STANDARD OF REVIEW FOR DEBTORS DEFENDING A DISPUTED DEBT THAT IS SUBJECT TO AN ARBITRATION AGREEMENT

ENGLISH COURT UPHOLDS SCC AWARD DESPITE RESPONDENT’S ARGUMENT THAT ARBITRATION AGREEMENT WAS SIGNED BY DEFUNCT PREDECESSOR

HONG KONG: COURT MAKES WINDING UP ORDER WHERE DEBTOR UNABLE TO PROVE BONA FIDE DISPUTE ON SUBSTANTIAL GROUNDS

The Hong Kong Court of First Instance has declined to prioritise an arbitration agreement where a debtor intended to dispute the existence of a debt …

ENGLISH COURT REFUSES TO STAY COURT PROCEEDINGS UNDER ARBITRATION ACT 1996 IN CASE INVOLVING COMPETING JURISDICTION AND ARBITRATION CLAUSES

HONG KONG: COURT REFUSES STAY WHERE ARBITRATION CLAUSE NOT INCORPORATED FROM CHARTERPARTY

In OCBC Wing Hang Bank Ltd v Kai Sen Shipping Co Ltd [2020] HKCFI 375, the Hong Kong Court of First Instance (Court) dismissed a summons for a stay of …

BEIJING COURT UPHOLDS ARBITRATION IN DOMESTIC CONTRACT WHERE DISPUTE PROVISIONS CONFLICT

On 17 January 2020, by its ruling numbered (2019) Jing 04 Min Te 135 (Ruling), the Beijing Fourth Intermediate People’s Court (Beijing Court) upheld the …

COURT OF APPEAL UPHOLDS HIGH COURT DECISION THAT A DISCLOSED PRINCIPAL IS ENTITLED TO ENFORCE AN ARBITRATION AGREEMENT DESPITE BEING A NON-SIGNATORY

MALAYSIA’S FEDERAL COURT SETS ASIDE DEFAULT JUDGMENT OBTAINED IN BREACH OF AN ARBITRATION AGREEMENT

ENGLISH HIGH COURT DISMISSES SECTION 67 JURISDICTIONAL CHALLENGE TO ARBITRAL AWARD IN MPB V LGK

COURT OF APPEAL REFUSES TO ENFORCE AN ARBITRATION AWARD AGAINST A NON-PARTY

RUSSIAN SUPREME COURT REQUIRES UNIFORM APPROACH IN ARBITRATION CASES AND CLARIFIES MEANING OF PUBLIC POLICY

SINGAPORE COURT OF APPEAL CONFIRMS THAT THE PARTIES' INTENTION TO ARBITRATE SHOULD NOT BE GIVEN EFFECT "AT ALL COSTS"