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Arbitration Agreements

Possible changes to Polish arbitration law – could the introduction of conversion of pending...

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On 3 September 2021, the Ministry of Justice of Poland proposed an amendment to the Code of Civil Procedure (“the Draft”), with its main...

District court grants petition to compel arbitration where existence of arbitration agreement was in...

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Spliethoff Transport B.V. v. Phyto-Charter Inc., No. 20-CV-3283 (S.D.N.Y. May 13, 2021) Petitioner Spliethoff Transport B.V. ("Spliethoff") sought an order to compel Respondent Phyto-Charter...

Ninth Circuit Court denies motion to compel arbitration under federal equitable estoppel law

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Setty v. Shrinivas Sugandhalaya LLP, No. 18-35573 (9th Cir. Jan. 20, 2021) In 1999, brothers Balkrishna and Nagraj Setty signed a Partnership Deed agreeing...

The limits of consent in multi-party arbitration agreements

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Certain arbitration rules, such as Article 22.1(vii) of the London Court of International Arbitration Rules (“LCIA Rules 2014”), provide for a “forced joinder.” This...

Supreme Court of Canada finds Uber arbitration clause is unconscionable

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In Uber Technologies Inc. v. Heller, 2020 SCC 16 ("Uber v. Heller") the Supreme Court of Canada upheld the Ontario Court of Appeal's decision...

German Federal Court of Justice applies CISG to validity of the arbitration agreement

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The arbitration agreement is a separate agreement from the substantive agreement (= doctrine of separability). As a result, the arbitration agreement can be governed...

New Inter-State-Arbitration Mechanism under the EU-UK Trade and Cooperation Agreement

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All well that ends well? After more than four years since the Brexit vote and just one week before the end of the Withdrawal...

Swiss Supreme Court denies the extension of an arbitration clause to a third party...

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In a recent decision published 13 November 2020, the Swiss Federal Supreme Court ("SFSC") granted the appeal against the partial final award of an...

The Supreme Court in Enka v Chubb on the law applicable to the arbitration...

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Introduction In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) UKSC 38, the UK Supreme Court dismissed Chubb's appeal,...

The long and winding road: The evolving interface between winding-up petitions and arbitration agreements...

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Introduction Under Hong Kong law, a company shall be deemed to be unable to pay its debts if a creditor, to whom the company...