Arbitration Law Monthly

In Cranium Adspace Ltd v British American Tobacco (New Zealand) Ltd [2016] NZHC 2922 Edwards J in the High Court of New Zealand has rejected the argument that an arbitration clause was inoperative or incapable of being performed simply because a third party had become involved in the dispute.

The International Centre for Settlement of Investment Disputes (ICSID), established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) provides a forum for the resolution of disputes between nations and foreign investors. Bilateral investment treaties (BITs) between countries provide for investment by their nationals, and ICSID arbitration is the means for resolving disputes arising under contracts made pursuant to BITs.

The question before Pang Khang Chau JC in the High Court of Singapore, in KVC Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and Another [2017] SGHC 32 was whether judicial proceedings should be stayed where the arbitration clause contained no detail.

In DTEK Trading SA v Morozov and Another [2017] EWHC 94 (Comm), Sara Cockerill QC, sitting as a Deputy High Court Judge, has confirmed the view that an English court has no power to give permission for service of an arbitration claim form on a third party outside the jurisdiction requiring them to produce evidence for the arbitration.

The marathon judgment of Walker J in Teekay Tankers Ltd v STX Offshore & Shipbuilding Co Ltd [2017] EWHC 253 (Comm); [2017] 1 Lloyd's Rep 387 is for the most part concerned with the binding effect of contracts for the construction and sale of vessels where no delivery date was specified. However, there is important analysis of two issues that arise regularly in litigation: what is the effect of an arbitration award upon the rights of third parties; and when may an arbitration award be disclosed without infringing duties of confidentiality?

In Aline Tramp SA v Jordan International Insurance Co (The Flag Evi) [2016] EWHC 1317 (Comm) Sara Cockerill QC, sitting as Deputy High Court Judge, considered the difficult question of whether the English courts should grant an anti-suit injunction to prevent a party to an arbitration clause from proceeding in the courts of another country where legislation existed in that country expressly conferring jurisdiction on its courts.