C'est la guerre! Winter is coming and with it the narrow Channel or La Manche between England and France is looking chillier by the day – not least because of the fallout from Brexit and the ongoing debate over access by French fishing boats to UK fishing grounds. ...
Dispute Resolution
The extended reach of arbitration agreements in Hong Kong
While one would be forgiven for assuming that the doctrine of privity of contract would preclude a non-signatory from being bound by a dispute resolution process to which it had not subscribed, an arbitration clause may be binding on a third party by assignment,...
Construction Law Reform: Security of Payment in Hong Kong – what is it and what can you do to prepare?
Security of Payment (“SOP”) legislation has been enacted in numerous jurisdictions around the world as a successful means of ensuring that construction industry participants are paid on time, disputes are resolved early, and contractors and sub-contractors maintain...
Impact of the Dubai decree on the arbitration landscape
Our Middle East office recently wrote a guest article for MEED (Middle East Economic Digest) following the announcement regarding Dubai Decree 34 of 2021, which came into effect on 20 September 2021, and abolishes the Emirates Maritime Arbitration Centre, and the...
Virtual hearings in international arbitration: is this the death knell for physical hearings?
When the COVID-19 pandemic hit the world, restrictions on movement forced the legal sector to consider its options for hearings without diluting the inviolability of an award. Stopping or delaying legal proceedings for a physical hearing in the future was not a...
China Contracts – Tips and Pointers for American Lawyers: Dispute Resolution Clauses
Key considerations for lawyers outside of China who are not familiar with drafting dispute resolution clauses in contracts involving Chinese parties. The notes below may be helpful to those with less experience in dealing with contracts between Chinese parties and US, UK, or European parties.
Getting early relief against your opponent in international arbitration: reimbursements of advance on costs
The continuation of international arbitration is often subject to payment of advances on costs, which are generally required to be paid equally by the claimant and the respondent. The arbitration cannot continue until the advance has been paid in full. It is...
New ACICA Rules 2021 – what’s changed and why it matters for in-house counsel?
A new set of rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 Rules replace ACICA’s 2016 Rules, and unlike the new years’ resolutions we set for ourselves (and which we have already broken),...
Clicking ‘Yes, I agree’: Internet terms of use and arbitration agreements
In December 2020, Justice Beach of the Federal Court of Australia handed down his decision in Dialogue Consulting Pty Ltd v Instagram Inc [2020] FCA 1846. This David and Goliath battle saw Dialogue Consulting, Aussie start-up and creator of the popular social media...
Supreme Court upholds Amazon’s SIAC emergency arbitrator award in India
In a dramatic development, the Supreme Court of India has upheld the validity and enforceability of a SIAC emergency arbitrator award in India and not just any emergency arbitrator award but an emergency arbitrator award in favour of the world’s largest on-line...
An Arbitrator’s Obligation to Disclose Potential Conflicts in Japan
This post provides a review and analysis of the Osaka High Court’s decision in Prem Warehouse LLC, et. al v Sanyo Electric Co. Ltd. et. al., 11 March 2019, 2017 (RA) no. 1552 While the Haliburton v Chubb Supreme Court decision in England has been attracting headlines...
Insolvency and arbitration clauses: England, Hong Kong and Singapore
One topic that has received quite a lot of attention in the Courts over the past few years is how insolvency interacts with arbitration clauses. The question is: can insolvency steps proceed in Court on the basis of a debt which is disputed, where parties agreed to...
Remember Not to Forget: How to Improve Witness Memory in Arbitrations
1 The International Chamber of Commerce Report on the accuracy of witness memory When I was a child my best friend had the nickname ‘Miffy’. I have a very clear memory of my role inventing the nickname. A few years ago, I was talking to a different friend,...
Quick notes: 10 Questions on Arbitration in Japan
Japan has a modern arbitration law, an international arbitral institution with progressive rules and procedures, a supportive court system, and first class hearing facilities in Tokyo and Osaka established exclusively to cater for both international commercial...
Risks of parallel arbitral proceedings – inconsistent award found manifestly invalid in Hong Kong: W v AW
Arbitration is now the dispute resolution forum of choice for cross-border transactions, not least because a complex transaction involves multiple related agreements entered into between the same or different parties. When disputes arise and relationships turn sour...
Anti-anti-anti-suit injunctions may be coming to forums near you
Before we start the ‘inception’ style mental gymnastics, it may be best to take a deep breath. What are anti-suit injunctions? In most common law jurisdictions, anti-suit injunctions are a widely used tool to force a party to withdraw (or not commence) proceedings in...
Multi-tiered dispute resolution clauses – what happens if you don’t comply?
We often see pre-arbitration steps in an arbitration clause. Typically, parties agree first to try to resolve the dispute by negotiation or mediation, failing which arbitration will follow - a standard "multi-tiered dispute resolution" clause. But what happens if...
Show Me The Money – Strategies For Enforcement
In June 2021, Amanda Lees in our Singapore office kicked off our brand new webinar series titled Arbitration Award Enforcement Issues in Asia and Beyond (a series which could also have been titled “Show Me The Money!”). In this series, Amanda interviews experts and...
Third Party Funding in Singapore Extended to Domestic Arbitration and International Commercial Court Cases
The Singapore Ministry of Law confirmed on Monday (21 June) the extension of rules allowing third party funding in Singapore to matters beyond simply those involving international arbitration and related mediation. From 28 June 2021, third party funding will also now...
Hong Kong’s attractiveness as a financial centre and arbitral seat: Taking part in the Asian Academy of International Law’s “Why Hong Kong” Series
I was very honoured to have been invited by Hong Kong’s Department of Justice and the Asian Academy of International Law (AAIL) to speak recently in several of their “Why Hong Kong?” seminars. These were designed to answer concerns about investing in Hong Kong in...