Arbitration analysis: This case involved an appeal to the Singapore High Court challenging an ICC Arbitral Tribunal’s decision that it did not have jurisdiction over one co-respondent to the proceeding per section 10(3) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (IAA). The agreements at issue were governed by English law and the seat of arbitration was Singapore. The jurisdictional objection turned on whether there was a binding arbitration agreement in a situation where one of the co-respondents did not sign a contract containing an arbitration clause but still authorised a series of payments to be made under that contract. The Arbitral Tribunal held that the Tribunal did not have jurisdiction over the co-respondent. Reviewing that decision de novo, the court briefly addressed the principles governing a tribunal’s jurisdiction, set forth the framework principles of English contract law for determining when performance will mean acceptance of...
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Arbitration analysis: This case involved an appeal to the Singapore High Court challenging an ICC Arbitral Tribunal’s decision that it did not have jurisdiction over one co-respondent to the proceeding per section 10(3) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (IAA). The
Arbitration analysis: Ms Clare Ambrose, sitting as a Deputy High Court Judge in the Chancery Division, declined to make an order enforcing a domestic arbitration award under section 66 of the Arbitration Act 1996 (AA 1996). The award had been made by a tribunal of the London Beth Din (Court of the
Arbitration analysis: The oil spill from the M/T Prestige, a vessel which sank off the Spanish coast (the Prestige), led to proceedings in Spain that ended with a Spanish Supreme Court judgment in December 2018 finding the vessel's English insurers liable for more than €1.5bn. When the Kingdom of
Arbitration analysis: Having been left open and unanswered in The Alhani, the High Court has now decided an important question of both commercial and general public importance arising under the Hague-Visby Rules. Dismissing a challenge to an arbitral award brought pursuant to section 69 of the
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