A legal spat between Amazon.com Inc. and its Indian partner that started with an arbitration verdict in Singapore has got fiercer in New Delhi courtrooms. And neither side is ready to back off.
The US e-commerce giant and Mumbai-based Future Group, whose retail assets billionaire Mukesh Ambani’s RelianceIndustries agreed to buy for $3.4 billion in August, are locked in a dispute over that deal. Amazon says Future violated a partnership contract with the asset sale to its rival and wants to scuttle it, while the indebted Indian group says it would collapse if the transaction fails.
Revision of form requirements for an arbitration clause in Swiss international arbitration law
Switzerland has revised its international arbitration law during summer 2020. The revised provisions of the 12th Chapter of the Private International Law Act (“PILA”) entered into force on January 1, 2021. The article at hand offers a handy overview on the revised Art. 178 PILA[1] governing the form requirements from a thoroughly practical approach, focusing on its key changes and developments in international arbitration.
Read moreCyprus: International Arbitration Comparative Guide
1 Legal framework
1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
The laws that apply to arbitration in Cyprus are as follows:
the Arbitration Law (Cap 4);
the International Commercial Arbitration Law (101/1987) (‘ICA Law'), which is based on the UNCITRAL Model Law of 1985 and applies only to international commercial arbitration;
the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which was ratified in Cyprus by Law 84/1979; and
the Foreign Court Judgments (Recognition, Registration and Enforcement) Law (121(I)/2000).
Hong Kong court stays proceedings for arbitration, honouring arbitration agreement in insurance policy
The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, by upholding the parties’ contractual agreement to arbitrate, the Court reinforces its pro-arbitration credentials and the principle of party autonomy.
Read moreHong Kong court stays proceedings for arbitration, honouring arbitration agreement in insurance policy
The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, by upholding the parties’ contractual agreement to arbitrate, the Court reinforces its pro-arbitration credentials and the principle of party autonomy.
Read moreSingapore High Court’s ruling on overlapping arbitration and jurisdiction clauses
A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity and certainty; otherwise parties may have no choice but to argue about the dispute resolution clause itself.
The recent decision of the Singapore High Court in Silverlink Resorts Limited v MS First Capital Insurance Limited [2020] SGHC 251 concerned the ironic situation where one clause in the contract refers disputes to arbitration, while another clause refers to litigation.
Read moreHong Kong court stays proceedings for arbitration, honouring arbitration agreement in insurance policy
The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, by upholding the parties’ contractual agreement to arbitrate, the Court reinforces its pro-arbitration credentials and the principle of party autonomy.
Read moreBVI International Arbitration Centre Expands Global Representation with Addition of 10 New Arbitrators
The British Virgin Islands International Arbitration Centre (BVI IAC), an independent not-for-profit institution serving the demands for dispute resolution in the international business community, today announced the addition of 10 members to its arbitration panel.
The 10 new arbitrators represent nine countries, further expanding the skillset and diversity of the BVI International Arbitration Centre Panel. Now composed of more than 200 international arbitrators, the panel represents common law and civil law jurisdictions, and the arbitrators speak a broad range of languages, including Cantonese, English, French, German, Greek, Italian, Mandarin, Portuguese, Russian and Spanish.
Read moreDispute Resolution Trends in Asia for 2021
The Year of the Ox represents a fresh start and an opportunity to ‘turn things around’ (牛转乾坤) for the better.1 The question considered below is what will the ‘Niu’ (牛)2 Year hold for in-house counsel operating in Asia and tasked with resolving commercial disputes?
Naturally, there will be disputes relating to COVID-19 and efforts to contain its spread. These will often be resolved through negotiation, particularly if the relevant contract clearly allocates the risk between the parties of force majeure events. Some long-term contracts, however, may need to be renegotiated as a result of turbulence in the market. Any deadlock in the negotiations could potentially be resolved through arbitration, although that cannot be assumed and will depend on the precise terms of the contract. Other types of disputes that could feature over the coming months include environmental disputes relating to the decommissioning of oil and gas facilities, M&A transactions that have gone sour, and private equity deals that are being unwound. With that said, this is obviously not an exhaustive list, with commercial disputes being as varied as the contracts from which they spring.
Read moreRecord year for arbitration cases registered with ICSID
The record number of new arbitration cases registered with the International Centre for Settlement of Investment Disputes (ICSID) in 2020 highlights the confidence that investors retain in resolving their disputes with states and state sponsored companies through arbitration, an expert has said.
According to ICSID, which is part of the World Bank and deals in international investment dispute resolution and conciliation, there were 58 new cases registered with it last year, up from the previous record high of 56 in 2018 and the 39 recorded in 2019. The number of cases registered with ICSID has typically been rising since the late 1990s.
Read moreLetter: Hong Kong’s role as a hub for arbitration is growing
The article “Businesses look at cutting Hong Kong from contracts over fears for rule of law” (Report, February 1) unfortunately illustrates an incomplete picture of Hong Kong. Notwithstanding the violence in 2019, statistics from one of the arbitral institutions in Hong Kong, the Hong Kong International Arbitration Centre (HKIAC), show that the number of arbitration cases handled in Hong Kong last year actually increased, with 318 new cases, the highest number since 2009.
The article “Businesses look at cutting Hong Kong from contracts over fears for rule of law” (Report, February 1) unfortunately illustrates an incomplete picture of Hong Kong. Notwithstanding the violence in 2019, statistics from one of the arbitral institutions in Hong Kong, the Hong Kong International Arbitration Centre (HKIAC), show that the number of arbitration cases handled in Hong Kong last year actually increased, with 318 new cases, the highest number since 2009.
Singapore’s mandatory breach notification regime is now in force
From 1 February 2021, most of the recent amendments to the Personal Data Protection (Amendment) Act 2020 (No. 40 of 2020) are now in force. The amendments update Singapore's regulatory framework and seek to balance economic needs with the protection of consumers' data rights.
The amendments have four primary aims:
Strengthening consumer trust through organisational accountability;
Ensuring the effectiveness of enforcement;
Enhancing consumer autonomy; and
Supporting data use for innovation.
Some key sections, including those covering data portability and the increase in the amounts of fines, are not yet in force but we expect that they will be implemented this year.
Read morePaper Excellence wins arbitration to complete acquisition of Brazil's Eldorado
SAO PAULO, Feb 3 (Reuters)- Netherlands-based Paper Excellence BV has won an arbitration case against Brazilian group J&F Investimentos SA to complete the acquisition of paper mill Eldorado Brasil Celulose SA, two sources with knowledge of the matter said on Wednesday.
Read moreEgypt’s highest court spearheads arbitration-friendly stance by recognising progressive arbitration principles and practices
In a landmark judgment issued on 27 October 2020, Egypt’s Court of Cassation (the “Court”) upheld a decision of the Cairo Court of Appeal refusing to set aside an award issued by the Cairo Regional Center for International Commercial Arbitration (“CRCICA”).
In what is likely to become a leading authority on arbitration principles and practices in Egypt, the judgment asserts the Egyptian courts’ progressive stance towards arbitration. In particular, the Court broke new ground by (i) recognising and detailing the legal test for the principle of estoppel under Egyptian law, even in the absence of express legal provisions to that effect, (ii) affirming the parties’ general right under Egyptian law to appoint non-lawyers to represent them in arbitration proceedings, and (iii) hinting at the compatibility of virtual hearings with Egyptian law.
Read more2020 International Arbitration Overview: Demand for Dispute Settlement Up, Despite COVID-19 Struggles
Despite the challenges of 2020, major international arbitration institutions reported a record number of new registered cases. As travel restrictions inhibited cross-border travel, lockdowns were issued around the globe, and many industries began working remotely, arbitral bodies adeptly transitioned to fully electronic filing systems, organized remote hearings, and issued COVID-19 guidance. These changes enabled parties to continue resolving their disputes without major disruption and have set the institutions up for another busy year in the dispute resolution world.
Read moreSingapore introduces default procedure for multi-party arbitration appointments
The Singapore government has amended its International Arbitration Act (SIAA) to introduce a default procedure for appointment of arbitrators in multi-party arbitrations.
The amendments also give Singapore-seated arbitral tribunals and the Singapore High Court the power to enforce confidentiality obligations.
Read moreArbitration clauses and class actions: the cross-border dialogue continues in light of recent SCC and SCOTUS jurisprudence
The policy rationales that underpin enforcing arbitration agreements may potentially be at odds with those underpinning the class actions regime (see our previous posts here and here). These policy rationales collide when confronting the question of whether plaintiffs can waive their right to participate in a class action through a mandatory arbitration clause and, if so, when this is permissible. Canada and the United States continue to have different approaches to the question of who decides whether a dispute is arbitrable – the arbitrator or the court? With respect to enforcement in the class action context, courts in the United States tend to enforce arbitration clauses such that class actions are precluded. However, in Canada an arbitration clause that acts as a barrier to dispute resolution may be unenforceable and precluded by certain legislation.
Read moreWhat the draft International Arbitration Rules, published by the Arbitration Foundation of Southern Africa, means for arbitrating parties
In 2017 South Africa adopted a new arbitration law for International Arbitrations, the International Arbitration Act (IAA). The passing of the IAA was a significant development for both South Africa and the region. Many parties choose arbitration in their international agreements; however, this is only desirable if an arbitration is seated in a jurisdiction where courts give support when needed, but otherwise do not interfere. The IAA which is based on the UNCITRAL Model Law entrenches this approach. The IAA provides a familiar framework for administering an arbitration, clarity of process and procedure, and certainty that foreign arbitration agreements and awards will be recognised and enforced within the jurisdiction.
Read moreCompanies Consider Excluding Hong Kong From Legal Contracts: FT
International companies operating in Asia are considering leaving Hong Kong out of legal contracts amid concerns about China’s growing control, the Financial Times reported, citing people it didn’t identify.
Read moreArbitrators and the limits to the duty of disclosure
The duty of disclosure is a legal duty in court and arbitral proceedings. If you are involved in arbitration, the arbitrators appointed are under such a duty to disclose where there is apparent bias or impartiality – but what are the limits of that duty? The specialist commercial lawyers at Bahamas law firm ParrisWhittaker are specialists in advising on disclosure issues in commercial disputes.
A ruling1 from the UK’s Supreme Court, which has highly persuasive authority on the courts in The Bahamas, is particularly noteworthy because various arbitral bodies intervened in the case (including the ICC, LCIA and GAFTA).
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