Arbitration Issues
DMC/Arbn/21/05
England
Republic of Sierra Leone v SL Mining Limited [2021] EWHC 286 Comm, 15 February 2021
In the High Court of Justice, Queen’s Bench Division, Commercial Court: Sir Michael Burton GBE, Sitting as Judge of the High Court:[[1]]
CONTRACTUAL DISPUTE BETWEEN PARTIES: MULTI-TIER DISPUTE RESOLUTION PROVISION: PARTIES TO FILE FOR ARBITRATION IF NO AMICABLE SETTLEMENT REACHED WITHIN 3 MONTHS: NON-COMPLIANCE WITH MULTI-TIER DISPUTE RESOLUTION PROVISION: WHETHER NON-COMPLIANCE VITIATED TRIBUNAL’S JURISDICTION: WHETHER NON-COMPLIANCE A MATTER OF ADMISSIBILITY: CHALLENGING AN AWARD UNDER SECTION 67 OF THE ARBITRATION ACT 1996
DMC/Arbn/21/04
England
Lavender Shipmanagement Inc v Ibrahima Sory Affrètement Trading SA and Others (The “Majesty”)
English Commercial Court: Mr Justice Calver: [2020] EWHC 3462 (Comm) – 16 December 2020: [[2]]
LETTER OF UNDERTAKING: ARBITRATION AGREEMENT: APPLICATIONS UNDER S67 AND S69 OF THE ARBITRATION ACT 1996
DMC/Arbn/21/03
Halliburton Company v Chubb Bermuda Insurance Ltd
United Kingdom Supreme Court: Lord Justices Reed, Hodge and Lloyd-Jones, Lady Justices Black and Arden: [2020] UKSC 48:[[3]]
INTERNATIONAL ARBITRATION: IMPARTIALITY: LEGAL DUTY OF ARBITRATOR TO MAKE DISCLOSURE: MULTIPLE APPOINTMENTS IN DIFFERENT REFERENCES RELATING TO OVERLAPPING SUBJECT MATTER BUT INVOLVING A COMMON PARTY: WHETHER FAILURE TO DISCLOSE IS RELEVANT TO ASSESSMENT OF APPARENT BIAS: WHETHER DUTY TO DISCLOSE OVERRIDES DUTY OF PRIVACY AND CONFIDENTIALITY: WHERE CONSENT TO DISCLOSURE MAY BE INFERRED: RECOGNITION OF SPECIAL CHARACTERISTICS OF MARITIME AND OTHER INDUSTRY SPECIFIC ARBITRATION
DMC/Arbn/21/02
Singapore_
Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited:
Court of Appeal of the Republic of Singapore [2019] SGCA 33, 9 May 2019: Decision of the Court of Appeal (delivered by Judge of Appeal Judith Prakash): [[4]]
PARTY DID NOT PARTICIPATE IN ARBITRATION PROCEEDINGS AGAINST IT: SETTLEMENT AGREEMENT (MEMORANDUM OF UNDERSTANDING) SIGNED BY BOTH PARTIES: TRIBUNAL PROCEEDED WITH ARBITRATION DESPITE MOU: FINAL AWARD AGAINST PARTY: WHETHER NON-PARTICIPATING PARTY ENTITLED TO SET ASIDE ARBITRAL AWARD ON THE GROUNDS THAT TRIBUNAL HAD NO JURISDICTION
DMC/Arbn/21/01
England
MVV Environment Devonport Ltd v NTO Shipping GMBH & Co KG MV Nortrader [2020] EWHC 1371 (Comm); Queen’s Bench Division (Commercial Court); Judge Pelling QC; 6 June 2020:[[5]]
CHALLENGE TO JURISDICTION OF ARBITRATION TRIBUNAL: CLAIMANT NAMED AS SHIPPER IN BILL OF LADING INCORPORATING CHARTERPARTY ARBITRATION CLAUSE: WHETHER CLAIMANT WRONGLY NAMED AS SHIPPER IN BILL OF LADING PREPARED BY AGENT: WHETHER AGENT HAD EXPRESS OR IMPLIED ACTUAL AUTHORITY OR OSTENSIBLE AUTHORITY TO ACT FOR CLAIMANT: EFFECT OF CLAIMANT’S SILENCE
DMC/Arbn/19/02
England
Sea Master Shipping Inc v Arab Bank (Switzerland) Limited
English Commercial Court: Popplewell J.: 25 July 2018: [2018] EWHC 1902 (Comm):Sum[[6]]
CHALLENGE TO ARBITRATORS’ JURISDICTION UNDER S.67 ARBITRATION ACT 1996: WHETHER BILL OF LADING HOLDER BOUND BY ARBITRATION CLAUSE INCORPORATED INTO THE BILL OF LADING: WHETHER STATUS OF LAWFUL HOLDER UNDER S.2 OF CARRIAGE OF GOODS BY SEA ACT (1992) SUFFICIENT: WHETHER IN ADDITION, HOLDER MUST HAVE ASSUMED LIABILITIES UNDER S.3 OF THAT ACT
DMC/Arbn/19/01
England
Sonact Group Ltd v Premuda SpA (The “Four Island”)
English Commercial Court: Males J: [2018] EWHC 3820 (Comm): 12 December 2018: [[7]]
VOYAGE CHARTER: ASBATANKVOY FORM: DEMURRAGE & HEATING COSTS CLAIM: SETTLEMENT AGREED BY EMAIL WHICH DID NOT REFER TO ARBITRATION AGREEMENT IN CHARTER: WHETHER ARBITRATORS HAD JURISDICTION TO DETERMINE CLAIM FOR THE AGREED SETTLEMENT SUM: CHALLENGE PURSUANT TO SECTION 67 OF THE ARBITRATION ACT 1996
DMC/Arbn/16/01
England
Shagang South-Asia Trading Co Ltd v Daewoo Logistics
English High Court: Queen’s Bench Division (Commercial Court); Mr Justice Hamblen; [2015] EWHC 194 (Comm); 5 February 2015: [[8]]
ARBITRATION: WHETHER THERE WERE CLEAR INDICATORS THAT THE CURIAL LAW WAS NOT THE LAW OF THE VENUE OF THE ARBITRATION: WHETHER THE ARBITRATOR WAS VALIDLY APPOINTED
DMC/Arbn/15/02
Singapore
Coal & Oil Co LLC v GHCL Ltd DMC/Arbn/15/01
England
Transgrain Shipping BV v Deiulemar Shipping SpA and Eleni Shipping Ltd (The “Eleni P”)
Commercial Court: Teare J: [2014] EWHC 4202 (Comm): 15 December 2014:[[9]]
CHARTERPARTY: PARTIALLY CONFLICTING ARBITRATION AGREEMENTS: BESPOKE ARBITRATION CLAUSE AND STANDARD BIMCO ARBITRATION CLAUSES: CHALLENGE TO TRIBUNAL’S JURISDICTION UNDER SECTION 67 ARBITRATION ACT 1996: PROPER CONSTRUCTION OF ARBITRATION AGREEMENTS: PROPER CONSTITUTION OF TRIBUNAL
DMC/Arbn/14/07
England
Viscous Global Investment Ltd v Palladium Navigation Corp (The “Quest”)
English Commercial Court: Males J: [2014] EWHC 2654 (Comm): 30 July 2014:[[10]]
ARBITRATION: BILLS OF LADING (“BLS”): P&I CLUB LETTER OF UNDERTAKING (“LOU”): WHETHER ARBITRATION AGREEMENT IN LOU REPLACED ARBITRATION AGREEMENTS IN BLS: ARBITRATION ACT 1996 SECTION 32 APPLICATION
DMC/Arbn/14/06
England
Emirates Trading Agency LLC v Prime Mineral Exports Private Limited
English High Court: Teare J.: [2014] EWHC 2104 (Comm): 1 July 2014:[[11]]
CONTRACT: DISPUTE RESOLUTION CLAUSE REQUIRING PARTIES TO TRY TO RESOLVE DISPUTES BY FRIENDLY DISCUSSION WITHIN A CONTINUOUS PERIOD OF FOUR WEEKS BEFORE RESORTING TO ARBITRATION: WHETHER ARBITRATORS LACKED JURISDICTION BECAUSE THIS PROVISION NOT COMPLIED WITH: WHETHER PROVISION UNENFORCEABLE AS UNCERTAIN: WHETHER PROVISION HAD BEEN COMPLIED WITH
DMC/Arbn/14/05
England
Caresse Navigation Ltd v Office National de l’Electricité (the "Channel Ranger"): [2013] EWHC 3081 (Comm): Males J.: 14 October 2013:[[12]]
BILL OF LADING: WHETHER WORDS OF INCORPORATION REFERRING TO ARBITRATION ARE SUFFICIENT TO INCORPORATE CHARTERPARTY JURISDICTION PROVISIONS
DMC/Arbn/14/04
England
Cottonex Anstalt v Patriot Spinning Mills Ltd [2014] EWHC 236 (Comm)
English High Court: Hamblen J.: 14 February 2014:[[13]]
SALE AND PURCHASE: WHETHER CONTRACT INCORPORATED ALL TERMS OF THE BY-LAWS AND RULES OF THE INTERNATIONAL COTTON ASSOCIATION OR ONLY THE ARBITRATION PROVISIONS: GUIDANCE ON THE INTERPRETATION OF CONTRACTS ON APPEAL FROM AN ARBITRAL TRIBUNAL WITH EXPERIENCE OF THE RELEVANT TRADE
DMC/Arbn/14/03
England
Beijing Jianlong Heavy Industry Group v Golden Ocean Group Ltd and Others
English Commercial Court: HHJ Mackie QC: [2013] EWHC 1063 (Comm): 1 May 2013: [[14]]
ARBITRATION: SECTION 67 OF THE ARBITRATION ACT 1996: APPEAL AGAINST SUBSTANTIVE JURISDICTION OF TRIBUNALS: GUARANTEES ALLEGEDLY ILLEGAL AND UNENFORCEABLE UNDER CHINESE LAW: VALIDITY OF ARBITRATION AGREEMENTS: PUBLIC POLICY
DMC/Arbn/14/02
The Netherlands
Transport and Maritime Arbitration Rotterdam-Amsterdam ("Tamara") Arbitration
Anonymous, Procedural Order of a Tamara arbitration tribunal, 10 December 2012:[[15]]
ARBITRATION UNDER TAMARA RULES: WHAT THE LANGUAGE OF THE ARBITRATION SHOULD BE FAILING A CHOICE PREVIOUSLY MADE BY THE PARTIES
DMC/Arbn/14/01
England
AES Ust-Kamenogorsk Hydropower Plant LLP v. Ust-Kamenogorsk Hydropower Plant JSC
Supreme Court; Lords Neuberger, Mance, Clarke, Sumption, Toulson SCJJ; [2013] UKSC 35, 12 June 2013:[[16]]
WHETHER POWER TO INJUNCT COURT PROCEEDINGS IS MERELY ANCILLARY TO CURRENT OR INTENDED ARBITRATION PROCEEDINGS: WHETHER S.44 ARBITRATION ACT 1996 LIMITS THE COURT’S INJUNCTIVE POWERS UNDER S.37 SENIOR COURTS ACT 1981
DMC/Arbn/13/06
England
Fortress Value Recovery Fund I LLC (and others) v Blue Skye Special Opportunities Fund LLP (and others)
English Court of Appeal; Pill, Toulson, Tomlinson LJJ; [2013] EWCA Civ 367; 31 January 2013:[[17]]
ARBITRATION CLAUSE: THIRD PARTIES: CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999, SS 8(1) & 8(2)
DMC/Arbn/13/05
Hong Kong
Grand Pacific Holdings Ltd and Pacific China Holdings Ltd (in liq) (No 1)
Hong Kong Court of Appeal: Tang VP, Kwan and Fok JJA: CACV No.136 of 2011, [2012] 4 HKLRD 1: 9 May 2012:[[18]]
http://www.hklii.hk/eng/hk/cases/hkca/2012/200.html
ARBITRATION: APPLICATION TO SET ASIDE ARBITRAL AWARD: ALLEGED VIOLATION OF ARTS.34(2)(A)(II) AND (IV), UNCITRAL MODEL LAW: AWARD TO BE SET ASIDE ONLY IF VIOLATION SUFFICIENTLY SERIOUS: DISCRETION OF COURT TO REFUSE TO SET ASIDE DESPITE VIOLATION
DMC/SandT/13/04
Australia
Dampskibsselskabet Norden A/S v Gladstone Civil Pty Ltd
Full Court, Federal Court of Australia: Mansfield, Rares and Buchanan JJ: [2013] FCFCA 107, 18 September 2013:[[19]]
ENFORCEMENT IN AUSTRALIA OF FOREIGN ARBITRATION AWARD UNDER VOYAGE CHARTER: WHETHER VOYAGE CHARTER A “SEA CARRIAGE DOCUMENT” FOR THE PURPOSES OF S.11 OF THE AUSTRALIAN CARRIAGE OF GOODS BY SEA ACT 1991: WHETHER ARBITRATION AWARD UNENFORCEABLE BECAUSE NOT MADE IN AUSTRALIA
DMC/Arbn/13/03
Singapore
Maldives Airports Co Ltd & Anor v. GMR Male International Airport Pte Ltd, [2013] SGCA 16: Singapore Court of Appeal: Judgment delivered by Sundaresh Menon CJ, Andrew Phang Boon Leong JA and Woo Bih Li J on 6 December 2012:[[20]]
Arbitration: Interim Order for Injunction under Section 12A(4) of International Arbitration Act ("IAA"): Meaning of “asset” under Section 12A(4) IAA: Preservation of contractual rights and choses in action as “assets” under Section 12A(4) of IAA
DMC/Arbn/13/02
Singapore
Astro Nusantara International BV and others v. PT Ayunda Prima Mitra and others [2012] SGHC 157: Singapore High Court: Judgment delivered by Belinda Ang Saw Ean J on 22 October 2012: [[21]]
ARBITRATION: INTERNATIONAL COMMERCIAL ARBITRAL AWARD MADE IN SAME TERRITORY AS FORUM IN WHICH RECOGNITION AND ENFORCEMENT SOUGHT: PARTY NOT ENTITLED TO CHALLENGE JURISDICTION OF ARBITRAL TRIBUNAL AT SETTING-ASIDE OR ENFORCEMENT STAGE OF PROCEEDINGS: PARTY WHO FAILS TO CHALLENGE AWARD ON JURISDICTION PURSUANT TO ART. 16 OF MODEL LAW DEEMED TO ACCEPT FINALITY OF AWARD ON JURISDICTION
DMC/Arbn/13/01
England
Chantiers de L’Atlantique SA v Gaztransport & Technigaz SAS
English High Court (Commercial Court): Flaux J: [2011] EWHC 3383 (Comm): 20 December 2011: [[22]]
ARBITRATION: SETTING ASIDE ARBITRAL AWARD ON GROUND OF FRAUD: EXTENSION OF TIME GRANTED, GIVEN THE IMPORTANCE OF THE ALLEGATIONS: FRAUD BY TECHNICAL REPRESENTATIVE OF WINNING PARTY IN EVIDENCE TO ARBITRAL TRIBUNAL: DELIBERATE CONCEALMENT OF TECHNICAL TEST RESUTLS: LACK OF CAUSAL LINK BETWEEN NON-DISCLOSURE AND DECISION OF TRIBUNAL
DMC/Arbn/12/03
Singapore
Singapore High Court
Daimler South East Asia Pte Ltd v. Front Row Investment Holdings (Singapore) Pte Ltd [2012] SGHC 157 : Judgment delivered by Woo Bih Li J on 31 July 2012: [[23]]
ARBITRATION: WAIVER OF RIGHT OF RECOURSE UNDER ICC RULES OF ARBITRATION (1998): EXCLUSION OF APPEAL ON QUESTION OF LAW ARISING OUT OF ARBITRATION AWARD PURSUANT TO SECTION 49(2) ARBITRATION ACT
DMC/Arbn/12/02
Hong Kong
Gao Haiyan v Keeneye Holdings Limited
Hong Kong Court of Appeal: Tang VP, Fok JA and Sakharani J: CACV No.79 of 2011: 2 December 2011:[[24]]
http://www.hklii.hk/eng/hk/cases/hkca/2011/459.html
ARBITRATION: ENFORCEMENT OF ARBITRAL AWARD OBTAINED IN CHINA: SETTING ASIDE: CONTRARY TO PUBLIC POLICY: WHETHER AWARD TAINTED BY APPARENT BIAS: MEDIATION CONDUCTED IN COURSE OF ARBITRATION: WAIVER
DMC/Arbn/12/01
England
African Fertilizers and Chemicals NIG Ltd (Nigeria) v BD Shipsnavo GmbH & Co Reederei KG (The “Christian D”): English Commercial Court: Beatson J: [2011] EWHC 2452 (Comm): 29 September 2011:[[25]]
ARBITRATION: JURISDICTION OF COURT: DECLARATORY JUDGMENT: SECTION 66 OF THE ARBITRATION ACT 1996: ARTICLE 34(3) OF REGULATION 44/2001: WHETHER COURT HAD JURISDICTION TO MAKE PURELY DECLARATORY JUDGMENT UNDER SECTION 66: WHETHER SECTION 66 DECLARATORY JUDGMENT WAS A “JUDGMENT” FOR PURPOSE OF ARTICLE 34(3)
DMC/Arbn/11/12
England
TTMI Sarl v Statoil ASA
Queen’s Bench Division (Commercial Court): Beatson J: [2011] EWHC 1150 (Comm): 9 May 2011:[[26]]
ARBITRATION: JURISDICTION: PROPER PARTY TO CHARTERPARTY: DISPONENT OWNER WRONGLY IDENTIFIED IN RECAP EMAILS: UNDISCLOSED PRINCIPAL: RECTIFICATION: CHARTERPARTY CREATED BY CONDUCT OF THE PARTIES
DMC/Arbn/11/11
England
Sovarex S.A. v. Romero Alvarez S.A.
English High Court; Hamblen J; [2011] EWHC 1661 (Comm), 29 June 2011:[[27]]
INTERNATIONAL ARBITRATION: SUBMISSION TO JURISDICTION: QUESTIONS OF FACT CAN BE DETERMINED IN PROCEEDINGS BROUGHT PURSUANT TO SECTION 66 OF THE ARBITRATION ACT 1996
DMC/Arbn/11/10
Hong Kong
Democratic Republic of Congo and others v FG Hemisphere Associates LLC
Hong Kong Court of Final Appeal: Bokhary, Chan and Riberio PJJ, Mortimer and Sir Anthony Mason NPJJ: FACV No.5, 6 and 7 of 2010: 8 June 2011: [[28]]
ARBITRATION: RECOGNITION OF FOREIGN AWARD OBTAINED AGAINST FOREIGN STATE: STATE IMMUNITY: WHETHER FOREIGN STATE CAN CLAIM ABSOLUTE IMMUNITY FROM SUIT IN HONG KONG AFTER 1997: WHETHER EXCEPTION FOR COMMERCIAL ACTIVITIES: WAIVER OF IMMUNITY
DMC/Arbn/11/09
England
AES Ust-Kamenogorsk Hydropower Plant LLP v. Ust-Kamenogorsk Hydropower Plant JSC
English Court of Appeal (Civil Division); Rix, Wilson, & Stanley Burnton LJJ; [2011] EWCA Civ 647, 27 May 2011:[[29]]
INTERNATIONAL ARBITRATION: ANTI-SUIT INJUNCTION: BASIS FOR SERVICE OUT OF JURISDICTION: EFFECT OF CIVIL JURISDICTION AND JUDGMENTS ACT 1982: PARTICIPATION IN FOREIGN PROCEEDINGS UNDER PROTEST NOT SUBMISSION TO JURISDICTION
DMC/Arbn/11/08
England
JSC BTA Bank v. Mukhtar Ablyazov & Ors
English High Court; Clarke J; [2011] EWHC 587 (Comm), 28 March 2011;[[30]]
INTERNATIONAL ARBITRATION: STAY OF COURT PROCEEDINGS: AGREEMENT NULL AND VOID: SEPARABILITY: CASE MANAGEMENT GROUNDS
DMC/Arbn/11/07
Hong Kong
Gao Haiyan v Keeneye Holdings Ltd
Hong Kong Court of First Instance: Reyes J in Chambers: HCCT No.41 of 2010: 12 April 2011: [[31]]
ARBITRATION: ENFORCEMENT OF ARBITRAL AWARD OBTAINED IN CHINA: SETTING ASIDE: CONTRARY TO PUBLIC POLICY: AWARD TAINTED BY ACTUAL OR APPARENT BIAS: MEDIATION CONDUCTED IN COURSE OF ARBITRATION: “MED-ARB”: ESTOPPEL
DMC/Arbn/11/06
England
B v S
English High Court: Flaux J.: [2011] EWHC 691 (Comm): 23 March 2011:[[32]]
COMMODITIES: FOSFA/GAFTA STANDARD FORM CONTRACTS: SCOTT V AVERY CLAUSE: WHETHER RIGHT TO INJUNCTIVE AND OTHER RELIEF UNDER S.44 ARBITRATION ACT 1996 EXCLUDED
DMC/Arbn/11/05
England
West Tankers Inc v Allianz SpA, Generali Assicurazione Generali SpA
English High Court: Field J.; [2011] EWHC 829 (Comm): 6 April 2011:[[33]]
ARBITRATION AWARDS: ENFORCEMENT: WHETHER A DECLARATORY AWARD MAY BE ENFORCED UNDER THE ARBITRATION ACT 1996, S.66
DMC/ARBn/11/04
United Kingdom
Dallah Real Estate and Tourism Holding Company v. The Ministry of Religious Affairs, Government of Pakistan:[[34]]
UK Supreme Court: Lord Hope, Deputy President Lord Saville, Lord Mance, Lord Collins and Lord Clarke: [2010] UKSC 46: 3 November 2010
ENFORCEMENT OF ARBITRAL AWARDS: CHALLENGE TO JURISDICTION: WHETHER THIRD PARTY BOUND BY ARBITRATION AGREEMENT: COMPÉTENCE-COMPÉTENCE: SCOPE OF REVIEW BY ENFORCING COURT
DMC/Arbn/11/03
English Court of Appeal
National Navigation Co v Endesa Generacion SA (The “Wadi Sudr”) English Court of Appeal: Waller, Carnwath and Moore-Bick LJJ: [2009] EWCA Civ 1397, [2010] 1 Lloyd’s Rep 193: 17 December 2009[[35]]
CONFLICT OF LAWS: BILL OF LADING:SPANISH COURT JUDGMENT THAT ARBITRATION CLAUSE NOT INCORPORATED INTO BILL OF LADING: WHETHER SPANISH COURT JUDGMENT FELL WITHIN ARBITRATION EXCEPTION IN ARTICLE 1(2)(D)OF EC REGULATION 44/2001: WHETHER RECOGNITION SHOULD BE REFUSED IN ENGLISH ARBITRATION PROCEEDINGS: WHETHER CONTRARY TO PUBLIC POLICY
DMC/Arbn/11/02
Singapore
Singapore High Court
Front Row Investment Holdings (Singapore) Pte Ltd v Daimler South East Asia Pte Ltd [2010] SGHC 80: Singapore High Court; Judgment delivered by Andrew Ang J, 15 March 2010; [2010] SGHC 80: [[36]]
Rajah & Tann LLP for the Plaintiff, Front Row
Chelliah & Kiang for the Defendant, Daimler
ARBITRATION: RECOURSE AGAINST AWARD: WHETHER FAILURE TO CONSIDER A PARTY’S SUBMISSIONS ON AN ISSUE CONSTITUTES A BREACH OF NATURAL JUSTICE
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 [[37]]
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[[38]]
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 [[39]]
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 [[40]]
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[[41]]
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”)[42]
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
