Not exact matches
It has already led to a number of arbitrators refusing to accept appointments in Dubai
seated arbitrations, as well as resignations of those already appointed in such
cases.
Arish has acted on a wide array of commercial disputes in the English Courts and in English
seated arbitrations, including
cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).
Anton has experience of
arbitrations under «Bermuda form» policies of insurance, including a
case concerned with artificial heart implants, and proceedings under a pharmaceutical risk policy (English
seat; New York law).
The investors have indicated that they intend to appeal the judgment, but unless and until the Singapore Court of Appeal provides its own analysis of these issues, this
case will sit alongside the Sanum judgment as a benchmark
case for future investment
arbitrations seated in Singapore.
Similarly, close to two - thirds (62 %) of respondents to the 2010 White &
Case and Queen Mary University survey Choices in International
Arbitration stated that a jurisdiction's «formal legal infrastructure» remains the most important factor when choosing a
seat for international
arbitration.
In this
case, it was held that under section 3 of the Act the court has jurisdiction to give appropriate relief especially the interim orders where the
seat of
arbitration is outside Bangladesh.
These laws vary, but it is generally the
case that the recovery of these costs is more difficult for
arbitrations seated in the United States.
The need for greater harmonisation between Africa's differing legal traditions is needed if international
arbitration is going to take hold on the continent and attract a greater number of
cases to African
seats, according to delegates at the International
Arbitration Conference hosted by the Chartered Institute of Arbitrators (CIArb).
Where there is no agreement as to the place of
arbitration, the place of
arbitration shall be Road Town, Tortola, British Virgin Islands, unless the arbitral tribunal determines, having regard to the circumstances of the
case, that another
seat is more appropriate.
At least for
cases involving parties from EU Member States, the effect of insolvency proceedings on pending
arbitration proceedings will be determined in accordance with the law of the
seat of the
arbitration (Council Regulation on Insolvency Proceedings (No. 1346/2000), article 15).
Some encouragement can be derived from provisions such as s 42 of the English
Arbitration Act 1996, which explicitly allows courts to mandate compliance with tribunals» orders (albeit only as long as there is no agreement by the parties to the contrary and the
seat of the
arbitration is in England or Wales), and recent US
case law under the Federal
Arbitration Act in support of enforcement of tribunals» determinations relating to disclosure.
After adverting to the earlier judgment in
case of Bhatia International (supra) and Venture Global (supra) it is held that the said judgments would have no application once the parties agreed by virtue of Clause 27.1 of the agreement that the
arbitration proceeding would be conducted in Singapore i.e. the
seat of
arbitration would be in Singapore.
It is much apparent that the disparate stands taken by both parties qua the
seat of
arbitration has resulted in a veritable impasse in the arbitral proceedings in the present
case.