Arbitration Law Monthly

In The Republic of Korea v Dayyani and Others [2019] EWHC 3580 (Comm) the High Court has again considered the terms of a bilateral investment treaty, this time by reason of an appeal under section 67 of the Arbitration Act 1996 against the jurisdiction of the tribunal.

The decision of Sarah Cockerill J in Times Trading Corporation v National Bank of Fujairah (Dubai Branch) [2020] EWHC 1078 (Comm), contains a detailed analysis of what have been described as “quasi-contractual injunctions”, namely where an anti-suit injunction is sought in circumstances where there is doubt as to whether one of the parties to the proceedings is bound by the arbitration clause.

In BNA v BNB and Another [2019] SGCA 84 the Singapore Court of Appeal was required to determine whether a Singapore arbitration tribunal had jurisdiction over a dispute under a contract governed by the law of the People’s Republic of China (PRC) but subject to an arbitration clause specifying arbitration in Shanghai under the rules of the Singapore International Arbitration Centre.