Arbitration Agreement

Arbitrability, Arbitration Agreement, English Arbitration Act, Singapore, Singapore Court of Appeal, YSIAC

, (Al Tamimi & Company)/ /Leave a comment
YSIAC

Issues relating to the arbitrability of disputes have gained increasing prominence in recent years. The question of which law ought to govern an arbitration agreement and concomitantly the inquiry as to whether a dispute is arbitrable, in the absence of an explicit choice of law governing the arbitration agreement has been explored in previous judgments…

Applicable Law, Arbitration Agreement, France, UK Supreme Court

(Peter Sester Advogados)/ /Leave a comment

The landmark decision of the UK Supreme Court (the “Court”) handed down in 2021 in the case Kabab-Ji SAL v. Kout Food Group  has already attracted considerable attention. Thus far comments focused on the Court’s construction of the New York Convention of 1958. Yet, the decision deserves a second look – which this post aims…

Applicable Law, Arbitration Agreement, France

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The epic finale of the Kabab-Ji saga has arrived.  On 28 September 2022, the French Court of Cassation has delivered its long-awaited decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) (Court of Cassation, Appeal No. 20-20.260) less than a year following the United Kingdom Supreme Court’s (UK SC) final say in the case’s…

Agreement in writing, Arbitration Agreement, Poland

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The COVID-19 pandemic made us realize that a lot of business can be conducted remotely, and that drafting contracts does not have to involve physical signatures on the same documents by all the parties involved. This progress, of course, has not bypassed arbitration. In this post, we will look at how to effectively conclude an…

Arbitration Agreement, Arbitration clause, Jordan, Validity

(Amereller)/ /Leave a comment

In many Arab countries, including Jordan, special legislative and regulatory instruments are in place to provide certain protections for local commercial agents and distributors. The relevant laws regularly vest the local courts with exclusive jurisdiction to rule on disputes between agents/distributors and principals. Such exclusive jurisdiction rules prevent derogation from the jurisdiction of local state courts…

Arbitration Agreement, empirical data, Empirical Research, Enforcement of an arbitration clause, International Commercial Arbitration, International Law Talk, Kluwer Podcast, Public Policy, Set aside an arbitral award

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International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law.  Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration.   In this latest episode, Prof….

Arbitration Agreement, CISG, General Terms and Conditions, New York Convention

(Seven Summits Arbitration)/ /Leave a comment

On 26 November 2020, the German Federal Supreme Court (Bundesgerichtshof—BGH) intervened in the “disputed” question of the applicability of the CISG to arbitration agreements (I ZR 245/19, para. 28). The Decision—based on the specific factual circumstances of the case and the most-favorable-law provision (Article VII) of the New York Convention on the Recognition and Enforcement…

Arbitration Agreement, England, English courts, France, Law governing the arbitration agreement

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The recent judgment of the United Kingdom Supreme Court (the UKSC) in Kabab-Ji v Kout Foods (the Kabab-Ji judgment) has reopened issues concerning the differing approaches of English and French courts to determining the law governing arbitration agreements. The Kabab-Ji saga provides a case study on the English-French law divide and has been discussed at…

Arbitration Agreement, Conflict of Laws, Hungary

(SMARTLEGAL Schmidt & Partners)/ /Leave a comment

Conflict of laws issues can have a pivotal effect on the effectiveness of arbitration when state courts are asked to enforce arbitration agreements. Has the approach of Hungarian courts crystalized in the last few years in this respect? Can the contemporary Hungarian judicial practice and the new domestic legislation be characterized as arbitration friendly? This…

Arbitration Agreement, Canada, Non-signatory

(Woods LLP)/ /Leave a comment

Canadian courts are frequently asked to rule upon the effects of arbitration agreements in the context of potential class actions. For example, the Supreme Court of Canada (“SCC”) has upheld arbitration clauses for most, if not all issues, disallowing class action recourse in Dell Computer Corp. v. Union des consommateurs(2007), Rogers Wireless Inc. v. Muroff…

Anti-suit injunction, Arbitration Agreement, Russia, Sanctions

(Enyo Law LLP)/ /Leave a comment

As previously reported, in mid-2020, changes were enacted to the Russian Arbitrazh (Commercial) Procedure Code (“APC”) to establish the exclusive jurisdiction of Russian Arbitrazh courts over cases where a Russian party is subject to sanctions or where the dispute has arisen out of sanctions. This triggered concerns that sanctioned Russian parties would be able to…

2021 in Review, Arbitration Act, Arbitration Agreement, Arbitration institution, Cryptocurrency, HK Arbitration Week, Interim measures, ISDS, kompetenz-kompetenz, Legislative amendment, Multi-tiered clauses, PRC, Treaty

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In 2021, East and Central Asia witnessed some noteworthy developments in domestic legislation, jurisprudence, and efforts to enhance the standing of arbitral institutions and seats in the region. There have also been developments in trade/investment agreements and investor-State claims in the region. In this post, our East and Central Asian editorial team reviews this progress…

Arbitration Agreement, England, France, Law governing the arbitration agreement

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On 27 October 2021, the Supreme Court of the United Kingdom (the Court) issued a judgment in Kabab-Ji SAL v Kout Food Group [2021] UKSC 48. The Court upheld the earlier decision of the Court of Appeal finding that the law applicable to the arbitration agreement was the English choice of law for the whole…

Arbitration Agreement, UAE

(Watson Farley & Williams (Middle East) LLP)/ /Leave a comment

The purpose of a dispute resolution clause is to provide for a process and a forum through which disputes can be resolved efficiently. However, dispute resolution clauses are too often ignored and relegated to the end of contractual negotiations or considered boilerplate provisions without regards to the overall context. Issues may arise from the parties’…

Arbitration Agreement, China, Courts, Multi-tiered clauses, Pre-arbitral procedure

(Pepperdine Caruso School of Law, Straus Institute for Dispute Resolution) and (CIETAC)/ /Leave a comment

Multi-tiered dispute resolution clauses – which typically require negotiation, mediation, and/or other form(s) of alternative dispute resolution (“ADR”) prior to submitting the dispute to binding arbitration – are ubiquitous, and a standard feature of complex construction contracts. Contrary to their intended function of promoting efficiency and preserving business relationships, as observed by Gary Born, they…

Arbitration Agreement, Choice of Law, New York Convention, Non-signatory, United States, United States Courts

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Herbert Smith Freehills

The United States Supreme Court’s June 2020 decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC (“GE Energy“) made clear that, under U.S. law, a non-signatory to an arbitration agreement may invoke equitable estoppel to compel arbitration under Article II(3) of the United Nations Convention on the Recognition and Enforcement of…

Appointment of arbitrators, Arbitration Agreement, Arbitration clause, India

(Khaitan & Co)/ /Leave a comment

This blog has previously discussed the illegality of unilateral appointments of sole arbitrators in India. However, a good beginning is only half the battle won.  Before one dwells further, it is important to gauge the Indian position on unilateral appointments.  First, as stated in TRF Ltd. v. Energo Engineering (“TRF”), if the nominated arbitrator is…

Arbitration Agreement, judicial review, kompetenz-kompetenz, PRC, SHIAC, Validity

(Shanghai International Arbitration Center)/ /Leave a comment
Shanghai International Arbitration Center (SHIAC)

The Chinese Arbitration Act (1995) recognizes the principle of competence-competence in Article 20, under which a party challenging the validity of the arbitration agreement may request the relevant arbitration commission to make a decision or apply to the court for a ruling. Ultimately, though, it is the reviewing courts in PR China that shall have…

Arbitration Agreement, Arbitration Agreements, Dubai, UAE

, (Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment

The Abu Dhabi Court of Cassation in Case No. 922 of 2020 recently considered the requirements that must be satisfied to conclude an arbitration agreement by powers of attorney. The judgment is the latest in a line of authorities confirming that special requirements apply to the formation of arbitration agreements (a courtesy translation of the…

Applicable Law, Arbitration Agreement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(University of Miami School of Law)/ /Leave a comment

On 21 April 2021, the CIArb’s London Branch hosted its annual Keynote Speech, which was held online this year. In her speech on “The Proper Law of the Arbitration Agreement”, Professor Dr. Maxi Scherer discussed the different approaches taken by jurisdictions worldwide in determining the law governing the arbitration agreement. She further compared those approaches…

Arbitration Agreement, Costa Rica, Enforcement, Non-signatory, Panama

(CICA-AmCham)/ /1 Comment

On February 28, 2021, the First Chamber of the Costa Rican Supreme Court (“the Court”) confirmed a US$ 23 million ICC award won by Panama-registered Hidroeléctrica San Lorenzo S.A. against Saret de Costa Rica S.A. When it comes to the recognition and enforcement of foreign arbitral awards, Costa Rica is party to relevant international conventions,…

Africa, Arbitration Agreement, Tanzania, Tanzania Arbitration Centre, Tanzania Institute of Arbitrators

(University of Munich) and (Taylor Wessing)/ /1 Comment
YIAG

With the coming into force of the 2020 Arbitration Act, Tanzania certainly has the potential to become a go-to place for international arbitration, at least in Eastern Africa. In addition to its favourable geographical location, now the country also has modern arbitration legislation largely based on the well-established and often tested English model. Section 1…

Arbitration Agreement, Enforcement of an arbitration clause, India, Separability

(Chambers of Darius Khambata, SC)/ /Leave a comment

Section 35 of the Indian Stamp Act, 1899, which is similar to Section 14(4) of the English Stamp Act, 1891, provides that, any instrument executed within the country that is unstamped or inadequately stamped, cannot be read in evidence “for any purpose”, barring in criminal proceedings. The provision is widely worded, but, does it preclude…

Arbitration Act 1996, Arbitration Agreement, Arbitration clause, England, English Arbitration Act, English courts, English Law, Helice Leasing, LCIA Rules

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

In a recent High Court case, it was held that a reference in a contract to the “court” did not mean a court at all but meant instead – perhaps alarmingly – arbitration. This decision in Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TbK [2021] EWHC 99 (Comm) may be a cause of concern…