Bloomsbury International Arbitration Briefing: April Teaser

In Brief

OCBC Wing Hang Bank Ltd v Kai Sen Shipping Co Ltd [2020] HKCFI 375 [Hong Kong]

In a judgment of Hon Au-Yeung J the court considers the case law relating to the governing law applicable to the very question of whether the arbitration agreement had been incorporated into a bill of lading. The court helpfully reviews the potentially conflicting legal regimes that might impact upon such determinations.

A v C [2020] EWHC 258 (Comm) [England and Wales]

Does section 44(2)(a) apply to entities or persons that are not party to the arbitration agreement? Foxton J considers this question in the light of reasoned but obiter comments from Males J in Cruz City I Mauritius Holdings v Unitech Limited [2014] EWHC 3704 (Comm).

Albion Energy Limited v Energy Investments Global BRL [2020] EWHC 301 (Comm)

Foxton J considers the tricky dilemma of applications for stay of proceedings in circumstances where there may be a conflict between two competing jurisdiction clauses – one reserving disputes to the exclusive jurisdiction of the courts of England and Wales and the other to ICC arbitration. See how he resolves this conundrum within the context of a section 9 Arbitration Act 1996 application…

Micula and others v Romania [2020] UKSC 5

The Supreme Court has issued its decision in the long running Micula v Romania saga. One among many of the questions it had to resolve was whether Article 54(1) of the ICSID Convention meant that it was unlawful for the Court of Appeal to stay the enforcement of an ICSID award issued against Romania.

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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