Arbitration (24 September – 22 October)

Arbitration News

Chile to seek international arbitration over Albemarle contract

Reuters – 17 October

Chile will be seeking international arbitration over an alleged breach of contract with US-based company, Albemarle. Lithium miner Albemarle Corp failed to offer a serious deal to companies in Chile seeking to produce battery metals, thus breaking the clause in its contract that it has to provide 25% of its annual production at discount.

Swiss Federal Supreme Court rules that arbitral awards against states can only be enforced in Switzerland if the underlying claim has a link to Switzerland

Global Arbitration News – 11 October

In a landmark decision by the Swiss Federal Supreme Court, arbitral awards can now only be enforced in Switzerland if there is a link to the country in the underlying claim. The case related to an ‘UNCITRAL award issued by an arbitral tribunal with its seat in Paris against a central Asian state’. Global Arbitration News discuss the ruling in detail.

PCA signed a Cooperation Agreement with BVI IAC

Permanent Court of Arbitration – 9 October

The Permanent Court of Arbitration (PCA) and the British Virgin Islands International Arbitration Centre (BVI IAC) have signed a co-operation agreement. The agreement establishes a framework for the peaceful settlement of disputes.

First Emergency Arbitrator Proceedings in China and Enforcement in Hong Kong

Global Arbitration News – 9 October

The first emergency arbitration procedures in China were closed in August of this year by the Beijing Arbitration Commission (BAC). The GKML case concluded with the first emergency arbitration proceedings in China but also the first enforcement of the emergency arbitrator order in Hong Kong.

Be on time to preserve your right to active remedies – the Singapore High Court considers a party’s duty to apply promptly when challenging the jurisdiction of an arbitral tribunal

Herbert Smith Freehills – 26 September

The Singapore High Court has dismissed an application to set aside an award on jurisdiction due to the applicant failing to challenge within the deadline under section 10(3) of the International Arbitration Act (IAA) and Article 16(3) of the UNCITRAL Model Law. The case of Rakna Arakshaka Lanka Ltd (RALL) v Avant Garde Maritime Services (Private) Limited (AGMS) [2018] SGHC 78 has led to guidance on applicable deadlines.

Written by Ellie MacKenzie

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