Bloomsbury International Arbitration Briefing

In Brief

Mobile Telecommunications Company KSC v HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud and Ors [2019] EWHC 3109 (Comm) [England and Wales]

Jacobs J considered whether it was open to a tribunal to correct an award pursuant to Article 27 of the LCIA Rules. A Saudi court’s had initially refused to enforce the award in favour of the Claimant on the grounds that the use of the word ‘entitled’ was not clear enough to entail an obligation to make payment of the sum in question.

BNA v (1) BNB and (2) BNC [2019] SGCA 84 [Singapore]

In this judgment the Singaporean Court of Appeal addresses the task of ascertaining the ‘proper law’ of the arbitration by reference to the three-stage guidance laid down in BCY v BCZ [2017] 3 SLR 357. The impact of its decision was rendered all the more acute in the light of the fact that one party argued that the application of the law of the People’s Republic of China would serve to invalidate the arbitration agreement.

In Focus

Evison Holdings Limited v International Company Finvision Holdings, Orient Express Bank Public Joint Stock Company [2019] EWHC 3057 (Comm) [England and Wales]

There have been a speight of anti-suit injunctions issued in the English courts of late that involve Russian parties. Phillips J dealt with this latest application by refusing to continue an injunction issued on an interim basis against a non-party to an arbitration agreement. The case will become an important benchmark for distinguishing future applications from recent decisions by the Court of Appeal in the Russian Machines case [2012] EWCA Civ 644 and Mace (Russia) Ltd v Retansel Enterprises Ltd [2016] EWHC 1209 (Comm).

The Arbitration Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

Written by Paul Fisher

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