Arbitration Notes
Tag: jurisdiction
Showing 48 out of 81 results
High Court confirms UNCITRAL Tribunal Award on jurisdiction
The High Court has confirmed an UNCITRAL Tribunal's Award on Jurisdiction, which rejected jurisdiction under an investment contract (Contract) and the …
Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments
In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and …
Astro v Lippo: First Media's Hong Kong appeal dismissed
Hong Kong's Court of Appeal (CA) has given judgment in the latest instalment of the dispute between Malaysia's Astro media group and Indonesia's Lippo. …
Gavin v Gaynor: Important further clarification on DIFC court jurisdiction and identifying place of arbitration
On 3 April 2016, the DIFC Court ordered a stay of proceedings on the basis that, in light of the existence of parallel proceedings in the Californian …
Court of Appeal clarifies the English Court's jurisdiction under section 67 of the Arbitration Act: the Court is not required to make any order at all even if the application is well-founded
The recent decision of the English Court of Appeal in Integral Petroleum SA v Melars Group Limited considers the jurisdiction of the court under s67 of …
Trends in choice of governing law & jurisdiction in cross-border transactions in Asia: Singapore Academy of Law publishes study
On 10 January 2016, the Singapore Academy of Law (SAL) published the results of its study on preferences for the choice of governing law and jurisdiction …
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 …
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 …
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 …
DIFC Court of Appeal confirms its jurisdiction to recognise and enforce awards rendered outside of the DIFC
In Banyan Tree v Meydan Group LLC (Case CA-005-2-14), the DIFC Court of Appeal has confirmed its jurisdiction to recognise and enforce arbitral awards …
Exploiting the advantages of an English arbitral seat? Commercial Court confirms the validity of an arbitration agreement and tribunal's substantive jurisdiction whilst parallel proceedings continue in Italy
The English Commercial Court has granted an application under section 32 of the English Arbitration Act 1996 (the Act), determining that a tribunal …
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