i-law

Arbitration Law Monthly

The meaning of “arbitration agreement”: unilateral and optional clauses

The obligation of a Singapore court to stay its proceedings where there is a valid and applicable arbitration clause, under section 6 of the International Arbitration Act, is for all relevant purposes identical to the duty of the English court under section 9 of the Arbitration Act 1996. In each case, a stay can be refused only if there is no arbitration agreement or if the arbitration agreement is null and void, inoperative or incapable of being performed.
Online Published Date:  06 January 2017

Judicial powers to make orders: orders against third parties

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.
Online Published Date:  30 March 2017

Enforcement of arbitration awards: enforcement of CIETAC Hong Kong award in China

Edward Yang Liu, Senior Associate, Reed Smith Richards Butler, Hong Kong, discusses a recent landmark ruling in China enforcing an award given in Hong Kong.
Online Published Date:  11 August 2017

Challenging an award: serious irregularity

In A v B [2017] EWHC 596 (Comm), Christopher Butcher QC, sitting as a Deputy High Court Judge, considered and rejected a series of challenges to an award under section 68 of the Arbitration Act 1996, alleging serious misconduct. As is typical of such cases, the court found no merit in any of the challenges.
Online Published Date:  11 August 2017

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