Shri Nariman then argued that after having expressly consented to the shifting of
the seat of arbitration from Kuala Lumpur to Amsterdam in the first instance and effectively taken part in the proceedings held at London till 31.3.2005, respondent No. 1 is estopped from claiming that the seat of arbitration continues to be at Kuala Lumpur.
Last year, DIAC released a draft set of new rules, the DIAC Arbitration and Conciliation Rules 2016 (the «DIAC Rules 2016») for public consultation and it has recently indicated that the revisions to its rules will include a change to the default
seat of arbitration from the «onshore» Dubai to the «offshore» Dubai International Financial Centre (DIFC).
Not exact matches
As part
of China, Hong Kong is also a Convention on the Recognition and Enforcement
of Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the
seat of arbitration is Hong Kong benefit
from this internationally renowned system
of mutual recognition and enforcement
of arbitral awards.
We advise on all aspects
of arbitration,
from drafting suitable clauses to advising on the type and
seat of arbitration, the formation
of a tribunal, arbitral procedure and enforcement
of the award.
If the companies that get involved in
arbitration have relocated following the withdrawal
of the UK
from the EU, they may easily choose a different
seat of arbitration.
Advising the Republic
of Albania in international
arbitration under the ICC Rules (
seat Paris) concerning claims arising
from energy concession contracts and infrastructure projects involving hydroelectric development.
Advising a South Korean defence and infrastructure group in respect
of claims in ad hoc international
arbitration (
seat Oman) arising
from the construction
of a water treatment plant in the Middle East.
Represented a major sports management company in a HKIAC
arbitration governed by Hong Kong law and
seated in Hong Kong in a dispute arising
from representation
of multiple sports teams and sponsorship agreements.
The attractiveness
of South Africa as a potential
seat of arbitration, coupled with the increasing levels
of investment into the continent
from China, has resulted in the formation
of the China Africa Joint
Arbitration Centre (CAJAC).
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.
Therefore, mere change in the physical venue
of the hearing
from Kuala Lumpur to Amsterdam and London did not amount to change in the juridical
seat of arbitration.