Arbitration Notes

No contract, no arbitration agreement? The separability principle explained

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA 1555, the Court of Appeal considered whether an arbitration agreement was …

QUEENSLAND COURT OF APPEAL UPHOLDS ARBITRATION AGREEMENT IN ESCALATION CLAUSE

CYPRIOT CASE OF NDK KO'D BY ENGLISH COMMERCIAL COURT: THE FIONA TRUST PRINCIPLE PREVAILS ONCE AGAIN

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 …

Hong Kong Court of Appeal rules on landmark case regarding escalation clauses

Inconsistent dispute resolution clauses – exploring the limits of the Fiona Trust presumption

HONG KONG COURT SET ASIDE AN AWARD WHICH EXCEEDED THE SCOPE OF SUBMISSION TO ARBITRATION

SINGAPORE HIGH COURT HOLDS THAT ARBITRATION CLAUSE MISNAMING AN ARBITRAL INSTITUTION IS VALID

Commercial Court firmly rejects attempt to re-open challenges to arbitral award (WSB v FOL)

The Commercial Court has dismissed an application to set aside an order which dismissed challenges under sections 67 and 68 of the Arbitration Act 1996 …

MALAYSIA: HIGH COURT CLARIFIES LIMITS ON STAY CONDITIONS

HONG KONG: ARBITRATION FAVOURED OVER LABOUR TRIBUNAL IN EMPLOYEE BONUS DISPUTE

ENGLISH COURT OF APPEAL SAYS LAW GOVERNING ARBITRATION AGREEMENT DETERMINES IF NON-PARTIES ARE BOUND BY IT

In the context of an appeal of a stay application, the English Court of Appeal has considered which law should determine whether a non-party is bound by …