Scope of an arbitration agreement

Arbitrability, Arbitration Agreement, China, Company Law, Corporate disputes, Non-arbitrability, PRC, Scope of an arbitration agreement, Shareholders Agreement, Shareholders Arbitration

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

Introduction1)All citations of People’s Republic of China (“PRC”) sources refer to original Chinese language materials, except for the Tsinghua China Law Review. Title translations are provided by the author. Agreements governing the relationship of shareholders to each other and to the company (e.g., shareholders’, investment or subscription agreements) (collectively, “SHAs”) frequently address matters of corporate…

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

(OBOR Legal Research Centre)/ /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…

Arbitration, Arbitration Proceedings, Enforcement, Evidence, International arbitration, Scope of an arbitration agreement

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

This is the 1st part of the report highlighting the most significant arbitration-related decisions of the Swiss Federal Supreme Court (the “Supreme Court”) published in 2018. Consent to Arbitrate In two decisions, the Supreme Court dealt with the validity of an arbitration agreement under Swiss law. It set aside both awards – two of rather…