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Arbitration Law Monthly RSS feed

Third parties and arbitration: joinder

Online Published Date : 21 May 2021 | Appeared in issue: Vol 21 No 5 - 21 May 2021

The decision of Judicial Commissioner Mohan in the Singapore High Court in CJD v CJE and Another [2021] SGHC 61 provides authoritative guidance on the joinder provisions of the Rules of the London Court of International Arbitration. The case was decided on article 22.1(viii) of the 2014 Rules, now article 22.1(x) of the 2020 Rules and much of the judgment was concerned with the jurisdiction of the Singapore courts under Singaporean legislation. However, the remaining parts of the judgment are of huge interest.

Scope of arbitration clauses: settlement agreements

Online Published Date : 21 May 2021 | Appeared in issue: Vol 21 No 5 - 21 May 2021

The decision of the Hong Kong Court of First Instance in Bond Tak (Holdings) Ltd v King Fame Trading Ltd [2020] HKCFI 1509 is a further illustration of the point that an arbitration clause in a substantive agreement may not carry across to a settlement agreement entered into whereby disputes under the substantive agreement are resolved. The ruling is discussed by Edward Yang Liu, Legal Director, Hill Dickinson Hong Kong.

Jurisdiction: parties to the arbitration agreement

Online Published Date : 21 May 2021 | Appeared in issue: Vol 21 No 5 - 21 May 2021

AB v CD [2021] HKCFI 327 is one of the rare cases in which a Hong Kong court has set aside an arbitration award. The main ground for doing so was that the applicant had not been shown to be a party to the proceedings. However, that point aside, there had been a failure to effect proper service on the respondent. The case is considered by Edward Yang Liu, Legal Director, Hill Dickinson Hong Kong.

Challenges to awards: jurisdiction and serious irregularity

Online Published Date : 21 May 2021 | Appeared in issue: Vol 21 No 5 - 21 May 2021

The Singapore Court of Appeal has, in BTN and Another v BTP and Another [2020] SGCA 105, upheld the first instance decision of Belinda Ang Saw Ean J. Much of the case turns on its facts, but there are important points made about the distinction between jurisdiction and admissibility. Once again, the effect of the ruling is to prevent what was in essence a challenge to the substance of the award by dressing up the complaint as jurisdictional or procedural.