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Bloomsbury International Arbitration Briefing: February Teaser

In Brief

Stay Of Enforcement

Baosteel Engineering & Technology Group Co Ltd v China Zenith Chemical Group Ltd [2019] HKFCI 68 [Hong Kong]

Having issued a controversial order to stay the enforcement of an award in the Hong Kong Courts last July, did the Court decide to extend the stay upon the expiry of the 6 month period or not and on what basis?

Resort to Litigation and Arbitration Agreements

Marty Ltd v Hualon Corporation (Malaysia) Sdn Bhd [2018] SGCA 63 (‘Marty v Hualon’)

In late 2018, the Singaporean Court of Appeal handed down a particularly significant judgment relating to the doctrine of repudiation in the context of arbitration agreements. What it had to say could have important repercussions for the rest of the common law arbitral community.

EU Declaration on the Achmea Judgment

On 15 January 2019 – just shy of a year from the decision of the CJEU in Case C-284/16, Achmea v Slovak Republic – 22 EU Member States sign a declaration committing political will to its practical implementation. See what they had to say – in particular about the much-trumpeted potential ECT exception to the ratio of the decision.

PRAGUE RULES

In December 2018, the Prague Rules were officially launched. What are the most significant features of the Rules and what marks them out as a distinctive offering for parties to arbitration?

In Depth

Henry Schein, Inc., et al. v. Arch & White Sales, Inc. [United States of America]

In its first judgment of the year (and in Kavanaugh J’s first judgment as a sitting Supreme Court judge) the US Supreme Court had to consider some basic questions regarding the application of Kompetenz-Kompetenz to the practice of arbitration in the US jurisdiction. The slightly nuanced answers provided by the Court were distinctly American.

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

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