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Tag Archives: proper law
Case Update: (1) Lack of substantive jurisdiction in respect of one respondent affects award as against the other respondent; (2) Substantive jurisdiction not affected by finding of liability under a different agreement
The English High Court in Arsanovia Ltd & Ors v Cruz City 1 Mauritius Holdings, [2012] EWHC 3702 (Comm) has delivered a relatively short but dense decision dealing with a number of issues revolving around the issue of different governing … Continue reading
Posted in Arbitration, India, UK
Tagged arbitration, BALCO, bifrucation, case law, governing law, jurisdiction, proper law, proper law of arbitration, substantive jurisdiction
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Error of Law / Erroneous Application of choice of law clause not grounds to set aside award – Quarella v Scelta Marble
The Singapore High Court has once again dismissed an attempt to set aside an arbitration award, this time on the purported basis that the arbitrator had wrongly interpreted the choice of law clause which parties had chosen to govern their … Continue reading
Stay of Proceedings – Standard of Proof that Arbitration Clause is not Null and Void
Parties to an arbitration agreement are expected to abide by it. Where a party commences court proceedings against the other party, then that other party may apply to the court to stay its proceedings in order that the dispute may … Continue reading
The Laws Governing an Arbitration
It is very common for an international commercial arbitration to involve parties from two (or more) different nationalities choosing to arbitrate their dispute in a third (neutral) country. Enforcing the resulting arbitral award could entail taking it before the courts … Continue reading
The Proper Law of the Arbitration Agreement
It is common for an arbitration agreement between parties to be embodied in a clause within a contract between those parties. However, a recent decision of the English Court of Appeal in Sulamerica CIA Nacional de Seguros SA and others v Enesa Engenharia SA … Continue reading
