Monthly Archives: March 2013

HKL v Rizq International: Pathological Arbitration Clause Case Update

In a previous post, we discussed the case of HKL Group Co Ltd v Rizq International Holdings Pte Ltd, [2013] SGHCR 5 (“HKL v Rizq (No. 1)“), which upheld a pathological arbitration clause as a hybrid arbitration clause and which appeared … Continue reading

Posted in Arbitration, Cambodia, Singapore | Tagged , , , , , , , | 3 Comments

Singapore Law Watch Commentary: Agreement to Agree

Our case update on how an agreement to agree is not necessarily fatal to the enforcement of the agreement, has been picked up by Singapore Law Watch (“SLW“). Our SLW Commentary can be found here. Our SLW Commentary examines the … Continue reading

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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 , , , , , , , , | 2 Comments

Constitutional Challenge to the Australian International Arbitration Act dismissed by the Australian High Court

One of the more unusual challenges to the finality of foreign arbitral awards, a constitutional law challenge, was unanimously dismissed by a 6 judge panel of the Australian High Court (the highest court in Australia in TCL Air Conditioner (Zhongshan) … Continue reading

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Singapore Law Gazette Article

We are pleased to announce that our case update on the harmonisation of the doctrine of repudiation and its effect on the determination of a contract, has been picked up by the Singapore Law Gazette. The Singapore Law Gazette article … Continue reading

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Do the 2012 stats reveal an abuse of the right to challenge an arbitral award for serious irregularity?

[Editors Note: We are very pleased to host an excellent article by Olswang’s Katerina Maidment on whether the 2012 UK court statistics show that parties who have lost an arbitration have sought to abuse section 68 of the UK Arbitration Act … Continue reading

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Commentary on UK 2013 Budget by Olswang’s UK Tax Team

In a previous post, we identified a few other noteworthy blogs that cover a range of other interesting topics. Readers may also be interested to check out Olswang’s Tax Blog because tomorrow (20 March), the Olswang award-winning UK Tax team will be discussing the changes announced … Continue reading

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CIArb Singapore Young Members 2013 Essay Competition

We are pleased to inform our readers that Chartered Institute of Arbitrators (CIArb) Singapore and Thirty Nine Essex Street are jointly organising the CIArb Singapore Young Members 2013 Essay Competition. The 2013 Essay Title is “A regulatory framework for arbitrators and … Continue reading

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Case Update: Agreement to Agree is not Fatal (in a Subsisting Contract)

It is a well-settled principle of law that a so-called agreement to agree between parties is void and unenforceable for uncertainty. Lord Ackner in the House of Lords’ decision in Walford and Others v Miles and Another [1992] 2 AC 128  observed … Continue reading

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Investment Regime and Arbitration in Myanmar

[Update(s): see further Myanmar’s accession to the New York Convention and the draft Arbitration Bill for international arbitration before the Myanmar Parliament] The self liberalisation of Myanmar’s political and economic regime has been reciprocated by the lifting or suspension of economic sanctions … Continue reading

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