Validity

Ad hoc arbitration, Arbitration Agreement, China, Competence-Competence, Interim measures, PRC, Seat of the arbitration, Validity

, (Hui Zhong Law Firm)/ /1 Comment

On November 8, 2024, the Standing Committee of the 14th National People’s Congress released for public comment the draft amendment to the PRC Arbitration Law (“2024 Draft”) after its first review during the Twelfth Session meeting. The 2024 Draft version generated immediate and widespread concerns and criticism. In stark contrast to the draft amendment released…

Arbitration Agreement, India, SIAC, Validity

(SIAC)/ /Leave a comment
Singapore International Arbitration Centre (SIAC)

The Supreme Court of India (“Supreme Court”), in its recent landmark judgment in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 (“the 7J Judgment”), provides welcome clarity on the question of enforceability of arbitration agreements contained in unstamped or inadequately stamped contracts, and reinforces…

Arbitration Agreement, India, Validity

and (Trilegal)/ /1 Comment

The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“Judgment”), which reviewed its own earlier judgment in NN Global Mercantile Private Limited v. Indo Unique Flame Ltd. and Ors. (“NN Global”) covered in a previous blog post here. The issue before the Indian Supreme Court…

Arbitration Agreement, Arbitration Agreements, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law, Validity

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Queen's University Faculty of Law)/ /Leave a comment

As experienced negotiators know, the process of contract negotiation can give rise to fruitful and long-lasting business relationships. The parties may meet several times to develop the precise terms of their agreements, through videoconferences, in conference rooms, or over dinner and drinks. But for many contracts, the parties’ representatives never meet, limiting their negotiations to…

Arbitration Agreement, India, Validity

and (Trilegal)/ /Leave a comment

In an India-seated arbitration, if your contract is unstamped or insufficiently stamped, the Supreme Court of India has now confirmed in its authoritative judgement passed on April 25, 2023, in N N Global Mercantile Private Limited v. Indo Unique Flame Ltd. & Ors. (“NN Global”) that this would be a valid ground to disallow acting…

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 Act, Arbitration Agreements, Arbitration institution, China, judicial review, kompetenz-kompetenz, Validity

(Hui Zhong Law Firm)/ /Leave a comment

On 30 July 2021, the PRC Ministry of Justice issued the Amendment to the Arbitration Law (Consultation Draft) (the “Draft Amendment”), which is the first substantial amendment of the existing PRC Arbitration Law (the “Arbitration Law”) in more than two decades. (See previous posts on the PRC Arbitration Law here and here.) Of the changes…

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…

Applicable Law, Arbitrability, Arbitration Agreements, Australia, China, Governing Law, Law governing the arbitration agreement, Validity

, (King & Wood Mallesons)/ /Leave a comment

The doctrine of separability of arbitration agreements recognises that an arbitration clause contained in a broader agreement is separate and valid despite the invalidity of the rest of the agreement. The doctrine also raises a fundamental question: what is the governing law of the separable arbitration agreement as compared to the remainder of the contract…

Agency, Arbitration Agreement, Arbitration clause, China, Validity

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

Under China’s arbitration regime for foreign-related arbitration and international arbitration, the concept of a juridical seat is a statutory juncture where, in cases with no express agreement on the applicable law between the parties, Chinese courts must determine the applicable law (statutory text is available in Chinese here and unofficial English translation here).1) See Article…

Applicable Law, Arbitration Agreement, International Commercial Arbitration, Turkey, Validity

( Işık & Partners Law Firm)/ /Leave a comment

Introduction In order to conclude an enforceable arbitration agreement, various validity conditions are required. The authority of the signatory agent to conclude an arbitration agreement on behalf of the principal is one of these requirements. In some jurisdictions, an explicit/specific authority is also required. An agent authorized with a general power of attorney, but without…

Ad hoc arbitration, Arbitration, Arbitration Agreements, Arbitration institution, Arbitration Proceedings, International arbitration, Latvia, Validity

, (COBALT)/ /Leave a comment

Latvian courts annually enforce approximately 1000 arbitral awards. Just a few years ago this number was even higher – reaching 7000 requests in 2004 (statistics of the Court Information System available here) – since also consumer disputes could have been submitted to arbitration, as non-negotiated arbitration clauses were not presumed to be unfair and thus…

Arbitration Agreements, Validity

(Berwin Leighton Paisner LLP)/ /1 Comment

By Nicholas Fletcher QC and Victoria Clark of Berwin Leighton Paisner LLP In the recent decision of Christian Kruppa v Alessandro Benedetti and Bertrand des Pallières [2014] EWHC 1887 (Comm), Mr Justice Cooke sitting in the English Commercial Court was asked to decide whether or not or a governing law and jurisdiction clause constituted an…

Arbitration Agreements, CIETAC, Validity

(Herbert Smith Freehills)/ /1 Comment
Herbert Smith Freehills

By Justin D’Agostino, Jessica Booth and Tracy Wu, Herbert Smith Freehills Ever since the internal fight between CIETAC (Beijing) and its Shanghai and Shenzhen sub-commissions became public in May 2012, the internal jurisdictional dispute between Beijing and the two sub-commissions has loomed large, resulting in the latter two declaring independence, re-naming themselves and introducing new…