How do English and BVI courts address inconsistencies in arbitration clauses? The English Court of Appeal decision in AdActive Media Inc v Ingrouille [2021] EWCA Civ 313 demonstrates that English…
This report highlights the most significant arbitration related decisions of the Swiss Federal Supreme Court (the "SFSC") issued in 2020.
Tribunal’s Jurisdiction – Scope of Arbitration Agreement
In…
The significance of an arbitration agreement’s proper law cannot be understated, given its importance vis-à-vis the arbitration agreement’s validity and consequent implications on the tribunal’s…
Introduction
In the recent Hong Kong decision of Dickson Holdings Enterprise Co Ltd v. Moravia CV and Others [2019] HKCFI 1424, the court considered whether the arbitration agreement contained in the…
Article 16(3) of the Model Law provides in relevant part that, “if the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request … the court … to decide the…
Background
Earlier this July, a regional militant group calling itself ‘the Avengers’ was reported to have detonated some pipelines in Nigeria's Qua Iboe, the country's largest export stream…
In a series of cases since 2008, the Singapore Court of Appeal (Singapore’s highest court) has been articulating the contours of a contextual approach to contractual interpretation. Under this…
