Once again, the Hong Kong courts have made this place a more hostile environment for arbitration guerrillas. Punishment for arbitration guerrillas was swiftly laid down in another pro-arbitration decision by Mimmie Chan J (the Judge in charge of the Construction and Arbitration List of the High Court) in Chimbuso International Petroleum (Singapore) Pte Ltd v Fully Best Trading Limited (“Chimbuso”). In Chimbuso, the plaintiff commenced proceedings against the defendant in the Hong Kong Court of…
Most major international arbitration rules require that an award rendered by a tribunal include the reasons upon which…
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between…
Arbitral tribunals have the power under Singapore law to rule on their own jurisdiction, consistent with the widely recognised principle of Kompetenz-Kompetenz. In a recent decision, the Singapore High Court has confirmed that this power extends not only to questions concerning the validity or scope of any arbitration agreement under which the tribunal has been constituted, but also questions concerning the very existence of an arbitration agreement. This includes situations where a party to the…
In PoolRe Ins. Corp. v. Organizational Strategies, Inc., No. 14-20433 (5th Cir. Apr. 7, 2015), the U.S. Court…
Introduction Emergency arbitration is a feature of the rules of all leading international arbitration institutions, both across Asia and elsewhere.…
In First State Ins. Co. v. National Casualty Co., No. 14-1644 (1st Cir. Mar. 20, 2015), the First Circuit rejected an argument that arbitrators exceeded their authority in requiring the parties to follow a specific payment procedure, holding that the contract’s “honorable engagement” provision empowered the arbitrators to grant forms of relief, including equitable remedies, not explicitly mentioned in the underlying agreement. First State Insurance Company (“First State”) entered into a number of reinsurance and retrocessional…
Did you ever wonder why your company lost a lawsuit although the merits of the case were on…
In a recent decision, In re Grupo Unidos Por El Canal, S.A., No. 14-mc-00226 (D. Col. Apr. 17,…
The Greek crisis might prevent foreign investors in Greece from transferring their funds to their home country. If that turns out to be a lasting problem, foreign investors in Greece are not defenseless. Current developments in the modern Greek drama could not be more suspenseful: The Greek Prime Minister, Alexis Tsipras, caught everyone in Europe by surprise announcing a Greek referendum about the latest bailout terms for 5 July 2015. The Finance Ministers of the Eurozone…