Arbitration clauses
ISDA’s Financial Law Reform Committee meets in Singapore to discuss model arbitration clauses
Following the release by the International Swaps and Derivatives Association (“ISDA“) of various draft model arbitration clauses for use with the 1992 and 2002 versions of the ISDA Master Agreement together with an introductory note on arbitration (see link to … Continue reading
Filed under Arbitration clauses, Enforcement, Finance
Court of Appeal grapples with the relationship between an arbitration clause and the rights of third parties: decision in Fortress Value case upheld but on different reasons
In May 2012, the Commercial Court dealt with the circumstances in which a third party beneficiary of a right under a contract will be treated as a party to the arbitration agreement therein under the Contracts (Rights of Third Parties) … Continue reading
Filed under Arbitration clauses, Europe, Third-Party Rights
ISDA issues model arbitration clauses for use with Master Agreements
The International Swaps and Derivatives Association (“ISDA“) has released a number of model arbitration clauses for use with the ISDA 2002 Master Agreement and ISDA 1992 Master Agreement (Multicurrency – Cross Border), which are the market leading standard form agreements … Continue reading
Filed under Arbitration clauses, Finance
English High Court upholds two challenges to jurisdiction
The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack of substantive jurisdiction. A tribunal will lack substantive jurisdiction if, inter alia, there is … Continue reading
Filed under Arbitration clauses, Challenges to awards, Europe
U&M Mining Zambia Ltd v Konkola Copper Mines plc: Court of the seat does not have exclusive jurisdiction to grant interim measures in support of arbitration
In the recent case of U&M Mining Zambia Ltd v Konkola Copper Mines plc [2013] EWHC 260 (Comm), the court examined the question of whether English courts have exclusive jurisdiction to grant interim measures in support of an arbitration seated … Continue reading
Filed under Arbitration clauses, Europe
Recent Singapore High Court decision on arbitration clause controversial in light of 2012 ICC Rules
The Singapore High Court (the “Court“) considered whether an arbitration clause which stipulated that disputes were to be settled by arbitration under the ICC Rules in Singapore administered by a non-existent institution was inoperable. The Court ruled that the arbitration … Continue reading
Filed under Arbitration clauses, Arbitration laws, South East Asia
PRIME Finance issues model arbitration clauses for use with ISDA Master Agreements
The Panel of Recognised International Market Experts in Finance (“PRIME Finance“) recently issued a number of model arbitration clauses for use with the International Swaps and Derivatives Association (“ISDA“) Master Agreements, the market leading standard form agreements for documenting derivatives … Continue reading
Filed under Arbitration clauses, Finance
The importance of getting the arbitration clause right
Summary A recent Federal Court of Australia case, Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd (2012) 292 ALR 161 (DKN v BBCG), has highlighted the importance of parties carefully tailoring the arbitration and jurisdiction clauses in … Continue reading
Filed under Arbitration clauses, Australia, Awards, Challenges to awards, Enforcement
“Dispute resolution and governing law clauses in China-related commercial contracts”: 5th edition now available
Chinese law restricts both the choice of law and the types of dispute resolution mechanism in China-related commercial contracts. As a result, drafting governing law and dispute resolution clauses in these contracts is not straightforward. This guide, designed for clients … Continue reading
Filed under Arbitration clauses, Arbitration laws, Hong Kong & China
Recent arbitration developments in the Middle East
There have been three recent developments in the sphere of arbitration in the GCC. The first two relate to the validity of arbitration agreements as ruled on by the highest courts in Dubai and Kuwait. The third development relates to … Continue reading
Filed under Arbitration clauses, Middle East
