Difference between revisions of "Arbitration Issues"

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'''Singapore High Court'''  
 
'''Singapore High Court'''  
  
'''The “Engedi” [2010] SGHC 95: judgment delivered by Judith Prakash J, 25 March 2010: [2010] SGHC 95''' [[http://www.onlinedmc.co.uk/index.php/The_"Engedi"]]
+
'''The “Engedi” [2010] SGHC 95: judgment delivered by Judith Prakash J, 25 March 2010: [2010] SGHC 95''' [[http://www.onlinedmc.co.uk/index.php/"Engedi"]]
  
 
'''STAY OF IN REM PROCEEDINGS PENDING ARBITRATION IN LONDON: WHETHER STAY OF PROCEEDINGS OUGHT TO BE GRANTED UNDER SECTION 6 OF THE INTERNATIONAL ARBITRATION ACT WHERE CURRENT OWNER AND INTERVENER WAS NOT A PARTY TO ARBITRATION AGREEMENT'''
 
'''STAY OF IN REM PROCEEDINGS PENDING ARBITRATION IN LONDON: WHETHER STAY OF PROCEEDINGS OUGHT TO BE GRANTED UNDER SECTION 6 OF THE INTERNATIONAL ARBITRATION ACT WHERE CURRENT OWNER AND INTERVENER WAS NOT A PARTY TO ARBITRATION AGREEMENT'''

Revision as of 17:58, 11 January 2011

DMC/Arbn/11/01

Singapore

Singapore High Court

The “Engedi” [2010] SGHC 95: judgment delivered by Judith Prakash J, 25 March 2010: [2010] SGHC 95 ["Engedi"]

STAY OF IN REM PROCEEDINGS PENDING ARBITRATION IN LONDON: WHETHER STAY OF PROCEEDINGS OUGHT TO BE GRANTED UNDER SECTION 6 OF THE INTERNATIONAL ARBITRATION ACT WHERE CURRENT OWNER AND INTERVENER WAS NOT A PARTY TO ARBITRATION AGREEMENT


DMC/Arbn/10/5

England

Stellar Shipping Co LLC v Hudson Shipping Lines[[1]]

English Commercial Court: Hamblen J: [2010] EWHC 2985 (Comm): 18 November 2010

Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2010/2985.html

ARBITRATION: CONTRACT OF AFFREIGHTMENT CONTAINING GUARANTEE AND ARBITRATION CLAUSE/AGREEMENT: TRIPARTITE CONTRACT: SUBSTANTIVE JURISDICTION OF ARBITRATORS: SECTION 67 OF THE ARBITRATION ACT 1996: WHETHER THERE WAS A BINDING ARBITRATION AGREEMENT BETWEEN GUARANTORS AND GUARANTEED PARTY


DMC/Arbn/10/4

England

Guangzhou Dockyards Co Ltd v ENE Aegiali I

English Commercial Court: Blair J: [2010] EWHC 2826 (Comm): 5 November 2010 [[2]]

ARBITRATION: TRUE CONSTRUCTION OF ARBITRATION AGREEMENT: WHETHER PARTIES COULD AGREE TO APPEALS TO THE COURT ON QUESTIONS OF FACT: WHETHER PARTIES HAD AGREED TO APPEALS TO THE COURT ON QUESTIONS OF FACT


DMC/Arbn/10/3

England

Habas Sinai Ve Tibbi Gazlar Isthisal Endustri AS v Sometal SAL

English Commercial Court: Christopher Clarke J: [2010] EWHC 29 (Comm): 18 January 2010 [[3]]

Available on BAILII @ http://www.bailii.org/ew/cases/EWHC/Comm/2010/29.html

ARBITRATION: INCORPORATION OF ARBITRATION AGREEMENT/CLAUSE INTO CONTRACT: GENERAL REFERENCE TO PRIOR CONTRACTS BETWEEN SAME PARTIES WHICH INCLUDED ARBITRATION AGREEMENT/CLAUSE: WHETHER WORDS USED SUFFICIENT TO INCORPORATE PRIOR ARBITRATION AGREEMENT/CLAUSE


DMC/Arbn/10/2

Hong Kong

Parakou Shipping Pte Ltd v Jinhui Shipping and Transportation Ltd and others[[4]]

Hong Kong Court of First Instance: Reyes J: HCAJ No.184 of 2009: 30 September 2010

http://www.hklii.org/hk/jud/eng/hkcfi/2010/HCAJ000184_2009-73172.html

STRIKING OUT: ABUSE OF PROCESS: COLLATERAL ATTACK ON PREVIOUS ARBITRATION DECISION: ‘RELATED PARTIES’


DMC/Arbn/10/1

The Netherlands

Mr Van Wassenaer Van Catwijck, also acting in his capacity as the representative of Mr Saarberg and Mr Ariens (hereinafter called “the Arbitrators”) v Knowsley SK Limited, Manchester, United Kingdom (hereinafter called “KSK”)[5]

Dutch Supreme Court. D.H. Beukenhorst (chairman), A.M.J. van Buchem-Spapens, J.C. van Oven, F.B.Bakels and W.D.H. Asser, 29 January 2010, Case number 09/00505, published on www.rechtspraak.nl, LJN: BK2007

ARBITRATION: DUTCH LAW: OBLIGATIONS OF ARBITRATORS TOWARDS PARTIES IN ARBITRATION PROCEEDINGS