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Dispute Resolution

Arbitration Law edited by Professor Robert Merkin KC

Latest update available – Service Issue 98 November 2024

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Service Issue 98 brings the main work up to date to 12 September 2024. Chapters 1, 3, 5, 6,  8–10, 14, 15 and 17–21 have been updated. Among the cases discussed are the following:

2024 mid-year arbitration round-up: upholding the integrity of arbitration in Hong Kong

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In the rapidly evolving landscape of international commercial arbitration, the Hong Kong courts have played a pivotal role in upholding the integrity and finality of arbitral awards. This comprehensive half-year review examines a series of recent decisions that showcase the Hong Kong judiciary’s nuanced approach to balancing the autonomy of the arbitral process with the need to address substantive issues of public policy and procedural irregularities.

Written by Edward Liu (Partner), Vinca Yau and Lori Ng (Senior Associates), Richard Poon and Aaron Lai (Associates), all members of the dispute resolution team at Haiwen & Partners LLP.

Access the review here

Explore our collection of reference books on Dispute Resolution on i-law

Arbitration Cause and Third Parties, 1st Edition

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Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. 

The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties.

To view the other books available click here

 

Current issue available

Arbitration Law Monthly

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Arbitration Law Monthly is a specially designed information service that provides you with critical and essential analysis of global arbitration court decisions. Covering a wide range of industries including construction, banking, energy, gas, insurance, oil and shipping, Arbitration Law Monthly offers you a convenient round-up of news, information and analysis in an easy-to-read format.

The latest issue of Arbitration Law Monthly is available here

Dispute Resolution Search

Don't forget:

Lloyd's Law Reports: for arbitration-related reports of court decisions

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Lloyd’s Law Reports is the unrivalled source of authoritative content, edited by Professor Robert Merkin KC and Dr Johanna Hjalmarsson, both experts in the maritime and commercial sector. Legal professionals around the globe regard Lloyd’s Law Reports as the leader in providing them with the latest case law and approved judgments.

Access Lloyd's Law Reports on i-law.com, available in our Maritime and Commercial collection of titles.

Arbitration Law Monthly

ICSID: enforcement of ICSID awards

In Border Timbers Ltd and Another v Republic of Zimbabwe [2024] EWHC 58 (Comm); [2024] 1 Lloyd's Rep 427, Dias J had to determine whether an order enforcing an ICSID arbitration award could be set aside on the basis of sovereign immunity. In a detailed and closely reasoned judgment, Dias J held that the question of sovereign immunity was not engaged until the stage at which the court's order enforcing the award was served on the defendant state.
Online Published Date:  14 Nov 2024
Appeared in issue:  Vol 24 No 10 - 14 Nov 2024

Anti-suit injunctions: arbitration with a foreign seat

The English courts will readily grant anti-suit relief to restrain a party to an arbitration clause specifying England as the seat from commencing or pursuing proceedings in the courts of another jurisdiction. A question which has been left unanswered since the passing of the Arbitration Act 1996 is whether the English courts will intervene where the seat of the arbitration is outside England. The matter gave rise to a conflict of views at first instance, but has now been resolved by the Supreme Court in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30; [2024] 2 Lloyd's Rep 466, in favour of intervention.
Online Published Date:  14 Nov 2024
Appeared in issue:  Vol 24 No 10 - 14 Nov 2024

Arbitration law in 2023: a review of developments in case law

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This review covers, without seeking to be exhaustive, the court decisions and developments in the field of arbitration in 2023. It covers the main cases and trends in England and Wales, as well as in other key common law arbitration seat jurisdictions including Hong Kong SAR and Singapore.

By way of structure, this review analyses cases in a sequence that mirrors the structure and chronology of a dispute resolved through arbitration – ie starting with the commencement of an arbitration and ending with the enforcement of a foreign award by a court. There is also a section on relief granted by courts in aid of arbitration.

https://www.i-law.com/ilaw/doc/view.htm?id=438047

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