Arbitration Agreement

Arbitration Agreement, Arbitration Institutions and Rules, CIETAC, Delhi High Court, Enforcement, India

(Baker McKenzie FenXun)/ /Leave a comment

Background on CIETAC Split Up until May 1, 2012 CIETAC had a branch in Shanghai named CIETAC Shanghai Sub-commission (the “Old Sub-commission”). This Old Sub-commission used the same CIETAC arbitration rules but was administered by a secretariat semi-independent of that of the head office of CIETAC in Beijing. On May 1, 2012 CIETAC launched its…

Agency, Arbitration Agreement, Company Law, Singapore

(Joseph Tan Jude Benny LLP)/ /Leave a comment
YSIAC

Joint venture agreements increasingly provide for arbitration, allowing the JV partners to resolve matters privately.  Where a director of a JV company (or JV partners) is sued in his capacity as a director in relation to matters arising out of the joint venture agreement, can he also rely on the arbitration agreement in the joint…

Arbitration Agreement, Arbitration clause, Labour Law, United States

(Covington & Burling LLP)/ /Leave a comment
ArbitralWomen

On May 21st, 2018, the Supreme Court of the United States in Epic Systems Corp. v. Lewis (“Epic Systems”) held in a 5-4 majority that one-on-one mandatory arbitration agreements imposed by employers upon their employees must be enforced as written in accordance with the Federal Arbitration Act (“FAA”). The majority opinion, written by Justice Neil…

Arbitration Agreement, Arbitration clause, kompetenz-kompetenz, Venezuela

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Young ICCA

This post focuses on two decisions issued by the Venezuelan Supreme Court of Justice in the Corporación LSR case. The decisions constitute an unexpected change in the approach of the Supreme Court towards arbitration, deviating from its latest and vastly commented case law regarding commercial arbitration matters. Background The dispute in Corporación LSR arose out…

Applicable Law, Arbitration, Arbitration Agreement, Courts, New York Convention, UNCITRAL Model Law

(National University of Singapore, Faculty of Law)/ /Leave a comment

Part 1 of this blog argued that courts that are asked to resolve Article 8(1) Model Law disputes should adopt a deferential approach to tribunal competence under both a contextual and purposive interpretation of the Model Law or similar provisions aimed at giving effect to Art II(3) NYC. On this proposed view, such a court…

Applicable Law, Arbitration, Arbitration Agreement, Courts, New York Convention, UNCITRAL Model Law

(National University of Singapore, Faculty of Law)/ /1 Comment

A crucial issue in arbitration is determining the proper relationship between courts and the arbitration process. In addition to court challenges to preliminary jurisdictional decisions by arbitrators and court applications to annul awards or prevent enforcement, a number of other court actions also raise relationship issues. This blog is concerned with scenarios such as commencement…

Arbitrability, Arbitral Award, Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Agreement, India

(Avsai Legal)/ /Leave a comment

Non-arbitrability of disputes is a ground for setting aside the arbitral awards under Sections 34(2)(b) and 48(2) of the Arbitration and Conciliation act 1996 (the “Act”), the award is against the public policy of India. Arbitrability, here, refers to the objective arbitrability of the disputes, i.e., whether the national law imposes any restriction on the…

Applicable Law, Arbitration, Arbitration Agreement, Arbitration clause, Finland

(Hannes Snellman)/ /Leave a comment
Finland Arbitration Institute (FAI)

Introduction It is not unusual that parties to FAI arbitration proceedings raise various jurisdictional objections before the Finland Arbitration Institute (“FAI”) and, provided that FAI will nonetheless allow the arbitration to proceed, subsequently also before the arbitral tribunal. Such objections come in all shapes and sizes. For example, respondent may dispute the existence of an…

Arbitration, Arbitration Agreement, India, one-way arbitration clauses

(National Law School of India University)/ /1 Comment

The primary purpose of an arbitration clause is to represent the parties’ common agreement to resolve disputes arising out of their contractual relationship by arbitration. One-way arbitration clauses, however, serve this primary purpose while giving only one party the right to commence arbitration proceedings. Consequently, the other party only has the option of approaching a…

Arbitration Agreement, Estoppel, Jurisdiction, New York Convention, Public Policy

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The U.S. District Court for the Western District of Washington has enforced a settlement between a Jones Act seaman and his employer for maintenance and cure payments, pursuant to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). Castro v. Tri Marine Fish Co., LLC, 2017…

Arbitral Award, Arbitration Act, Arbitration Agreement, Arbitrators, Seat of the arbitration, Summary procedure, Switzerland

(Meyerlustenberger Lachenal Ltd.)/ /Leave a comment

On 11 January 2017, the Swiss Federal Council proposed a revised version of the Swiss International Private Law Act (“SPILA”) relating to international arbitration (art. 176 et seq.) with a view to increasing the attractiveness of Switzerland as a place of arbitration while preserving the concise, liberal and flexible traits of the SPILA. More precisely,…

Arbitration Agreement, Arbitration clause, Arbitration institution, Arbitration Institutions and Rules, English courts, Singapore

(Norton Rose Fulbright)/ /1 Comment
YSIAC

In TMT Co Ltd v The Royal Bank of Scotland plc [2017] SGHC 21, the Singapore High Court took the view that an arbitration clause did not meet the prima facie standard to warrant a stay of court proceedings because it designated an inapplicable arbitral institution. Commentators have suggested that the decision is “surprising” and…

Applicable Law, Arbitral seat, Arbitration Agreement, Arbitration clause, Commercial Arbitration, Governing Law, Seat of the arbitration, Separability

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Introduction In BCY v BCZ [2016] SGHC 249, the High Court of Singapore found that parties could not be bound by an arbitration agreement that was part of an unexecuted underlying contract. This post examines the analysis taken by the Singapore High Court vis-à-vis the Swiss Supreme Court, in a similar fact pattern.   The…

Arbitration Agreement, India, Law governing the arbitration agreement

(Clifford Chance), (Khaitan and Co., Singapore), and (Clifford Chance Asia)/ /1 Comment

Traditionally, arbitration agreements do not designate the law governing the arbitration agreement. In BCY v BCZ [2016] SGHC 249 (“BCY v. BCZ“), the Singapore High Court clarified the position in relation to the law applicable to the arbitration agreement where such choice is absent. In doing so, the High Court differentiated between the situations where…

Arbitration Agreement, English Arbitration Act, Lex Arbitri, Lex Fori, Separability

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

Introduction It is a key principle in many jurisdictions across the world that arbitration clauses should be separable from the underlying contract in which they are contained. This prevents arbitration clauses from being denuded of their effect, particularly where the contract is void for fraud. However, not all jurisdictions uphold the separability principle. Therefore, in…

Arbitration Agreement, Brazil

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  On 15 September 2016, the Superior Justice Tribunal (“STJ” for its Brazilian acronym) of Brazil, in the case “Odontologia Noroeste LTDA v. GOU – Grupo Odontologico Unificado Franchising LTDA (REsp. N° 1.602.076 – SP)”, affirmed the invalidity of an arbitration clause contained in a franchising agreement based on its pathology for not complying with…

Arbitration Agreement, Court of Appeal, Singapore

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In Rals International Pte Ltd v Cassa di Risparmio di Parma e Piacenza SpA [2016] SGCA 53 (Rals International), the Singapore Court of Appeal was asked to consider the application of an arbitration agreement in a supply agreement to a dispute arising out of promissory notes provided as payment under the supply agreement. The Court…