In the Hong Kong Court of First Instance case of KB v S (HCCT 13/2015), Justice Mimmie Chan, the Judge in charge of the Construction and Arbitration List, started her judgment delivered on 15 September 2015 by listing out the 10 bedrock principles behind the Hong Kong court’s approach to international arbitration. After dismissing all of the Respondents’ complaints against the arbitral awards, she spent the last two pages of a 25 page judgment condemning…
Nowadays high value M&A transactions and project structures can be very complex, in particular involving a number of…
The expansion of economic globalization and the growing number of transnational transactions in the last few decades have…
On Sept. 16, 2015, the European Union launched a proposal for a new “Investment Court System” which shall be competent to hear investor-state disputes, initially those emerging under a completed Transatlantic Trade and Investment Partnership (“TTIP”) currently negotiated between the United States of America and the European Union. In the long run, the Investment Court System is apparently meant to replace the classic investment arbitration or “Investor-State Dispute Settlement” (“ISDS”), at least to the extent…
Arbitral tribunals have the power under Singapore law to rule on their own jurisdiction, consistent with the widely…
A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that…
In PoolRe Ins. Corp. v. Organizational Strategies, Inc., No. 14-20433 (5th Cir. Apr. 7, 2015), the U.S. Court of Appeals for the Fifth Circuit affirmed the vacatur of an arbitration award, holding that the arbitrator exceeded his authority in a multiple-party, multiple-contract arbitration by acting in accordance with one arbitration agreement, but contrary to the arbitrator appointment and forum selection clauses in other arbitration agreements involving an intervening party. After an insurance-related American Arbitration Association…
Introduction Emergency arbitration is a feature of the rules of all leading international arbitration institutions, both across Asia and elsewhere.…
In 2015, the body supervising the Brazilian Judiciary (Corregedoria Nacional de Justiça, or CNJ) included among its yearly…
In its judgment dated 25 June 2015, the Svea Court of Appeal annulled a Stockholm Chamber of Commerce award in its entirety on the grounds that the tribunal exceeded its mandate. The Svea Court of Appeal introduces the concept that where the tribunal has exceeded its mandate, and it is unclear which part of the award the excess of mandate affects, the award shall be annulled in its entirety. Previously, this concept has only been…