Martin Kwan, Author at Kluwer Arbitration Blog

Arbitral seat, Arbitral Tribunal, Arbitration Act, Arbitration Agreement, English Law, Express choice, Governing Law, Separability, UK

Kabab-Ji: Determining The Governing Law For The Arbitration Agreement Under English Law, The Emerging Focus On The Express Choice Of The Parties

Martin Kwan (OBOR Legal Research Centre)/February 24, 2020April 11, 2020 /Leave a comment

Introduction Whenever the court is confronted with the task to determine the governing law of an arbitration agreement on the basis of knowing only (1) the stipulated governing law of the main contract and (2) the seat, a three-folded test will be applied. It inquires into (i) express choice, (ii) implied choice and (iii) closest…

Hong Kong, International Commercial Arbitration, Interpretation of Contracts, Scope of an arbitration agreement, Shareholders Agreement

Is The Scope Of Arbitration Agreement In Shareholders’ Agreement Wide Enough? Lessons On Drafting From A Hong Kong Case

Martin Kwan (OBOR Legal Research Centre)/July 13, 2019July 10, 2019 /Leave a comment

Introduction In the recent Hong Kong decision of Dickson Holdings Enterprise Co Ltd v. Moravia CV and Others [2019] HKCFI 1424, the court considered whether the arbitration agreement contained in the parties’ shareholders’ agreement covered disputes arising from any affairs of the company. As elaborated below, the decision is instructive for how similar arbitration agreements…