Arbitration Notes

HONG KONG COURT UPHOLDS CLAIMANT'S JURISDICTIONAL CHALLENGE IN RELATION TO NON-PARTY SEEKING JOINDER

The Hong Kong Court of First Instance has set aside an HKIAC award on jurisdiction at the request of the claimant, overturning the tribunal’s ruling that …

AUSTRALIAN FEDERAL COURT OF APPEAL ALLOWS PARTIES TO CONTRACT OUT OF MANDATORY JURISDICTION IMPOSED BY THE CARRIAGE OF GOODS BY SEA ACT 1991 (CTH)

In a recent decision, the Australian Federal Court of Appeal refused an anti-suit injunction which sought to prevent the commencement of arbitral …

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

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

English Court sets aside award on the ground that the arbitral tribunal lacked substantive jurisdiction

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co., Ltd [2022] EWHC 181 (Comm), the Commercial Court has set aside an arbitral award under …

The French Supreme Court employs the principle of procedural loyalty to prevent a jurisdictional challenge

In Tagli'apau v Amrest Holdings and al. (Cass. Civ. 1ère, 9 February 2022, No. 21-11253), the French Supreme Court reversed the decision of the lower …

FURTHER HONG KONG JUDGMENT CONFIRMS THAT AN ARBITRAL TRIBUNAL IS "THE MASTER OF ITS OWN PROCEDURAL RULES" AND COMPLIANCE WITH PRE-ARBITRATION CONDITIONS SHOULD NOT BE REVIEWED BY THE COURTS

OVERVIEW OF THE LATEST COURT PRACTICE ON THE RUSSIAN SANCTIONS-RELATED AMENDMENTS—IS WINTER COMING?

ENGLISH COURT CONFIRMS THAT PRE-CONDITIONS TO ARBITRATION ARE AN ISSUE OF ADMISSIBILITY AND NOT JURISDICTION

ENGLISH HIGH COURT AFFIRMS A COMPANY REMAINS THE SAME ENTITY AFTER CONVERSION TO REGISTERED SOCIETY

PRIVY COUNCIL CONSIDERS EXTENT OF SUPERVISORY COURT'S POWER TO SET ASIDE ARBITRAL AWARDS ON GROUNDS OF PUBLIC POLICY