Tag Archives: English High Court

Time limited obligations to engage in “friendly discussions” before proceeding to arbitration may be binding

[We are grateful for the following guest post from Charlotte Bamford, a Trainee Solicitor currently sitting in the Commercial Litigation Group of our London office.] In Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), the Commercial … Continue reading

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Case Update: Seat of Arbitration and Implied Choice of Governing Law of Arbitration Agreement

[Update: the paragraphs on the Singapore High Court’s analysis of the arbitration clause and its implications has been updated to more closely reflect the language at paragraph [17] of the Singapore High Court’s decision.]  A party may rely on a valid … Continue reading

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SLW Commentary/Singapore Law Gazette: Dispute Resolution (Arbitration) Clauses – Pathologies and Pitfalls

Our brand new article on Dispute Resolution (Arbitration) Clauses – Pathologies and Pitfalls has been published in the October 2013 edition of the Singapore Law Gazette as well as on Singapore Law Watch. Dispute resolution and arbitration clauses increasingly form … Continue reading

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SLW Commentary: Contractual Time Limit to commence Arbitration constitutes Time Bar on Claim itself

Our post exploring the English legal position on how contractual time limits to commence arbitration constitutes a time bar on the claim itself has been picked up by Singapore Law Watch (“SLW“). Our SLW Commentary can be found here. The … Continue reading

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Contractual time limit to commence arbitration is a time bar to claim itself

In Wholecrop Marketing Ltd v Wolds Produce Ltd, [2013] EWHC 2079 (Ch), a relatively short decision of 33 paragraphs, the English Court allowed an appeal and held that a contractual time limit for commencing arbitration operated as an absolute time bar … Continue reading

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Security for Costs and Payments into Court for Challenge of English Award

It seems almost ridiculous to think of winning an arbitration as only half the battle won. The reality, however, is that a victorious party may still need to enforce its award. A losing party may deliberately refuse on pay on … Continue reading

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Disciplinary Proceedings as Arbitration?

We usually think of arbitration as a method of dispute resolution where parties refer their dispute to an impartial tribunal (consisting of one or more arbitrators) and where the parties agree to be bound by the tribunal’s decision (known as … Continue reading

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Pathological Arbitration Clauses

In a recent post, we wrote about the Singapore High Court case of HKL Group Co Ltd v Rizq International Holdings Pte Ltd, [2013] SGHCR 5 which involved a good example of how a badly drafted arbitration clause increases uncertainty, time and costs … Continue reading

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