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…
In NS United Kaiun Kaisha Ltd. v. Cogent Fibre Inc., No. 15 Civ. 1784, 2015 U.S. Dist. LEXIS…
In its decision dated 12 January 2015 (Court of Appeal Munich, file no. 34 Sch 17/13, http://openjur.de/u/755584.html), the…
On July 28, 2015, the Swiss Federal Supreme Court had to decide a rather unusual case concerning the alleged violation of the right to be heard and arbitrary decision (decision 2C_1073/2014 of July 28, 2015). At the annual cow fights in the canton of Valais, Switzerland, the cow “Gentiane” competed against the cow “Shakira” in the final fight. According to the rules, the cow which backs down from the fight first loses. When Gentiane wanted to…
Confidentiality is now “opt-out” As of 14 October 2015, international arbitrations seated in Australia are confidential unless the…
In a decision rendered on July 29, 2015, the Swiss Federal Supreme Court had to consider the use…
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…
In Miminco, LLC v. Democratic Republic of the Congo, No. 14-01987 (D.D.C. Feb. 9, 2015), a U.S. district court…
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…