Arbitration analysis: The Hong Kong Court of First Instance (HKCFI) upheld a temporary anti-suit injunction, restraining the defendant from continuing proceedings in Russia brought under Russian law but in breach of an arbitration agreement referring all disputes to arbitration administered by the Hong Kong International Arbitration Centre (HKIAC). Following the imposition of sanctions by the EU against Russia, the plaintiffs served a sanctions notice on the defendant suspending work on a gas processing plant and claimed suspension costs. The defendant subsequently sought to terminate the contract, and demand repayment of advance payments. The defendant applied for and obtained a freezing order from the Russian courts over the plaintiffs assets in Russia, on the basis that the plaintiffs would not be able to pay the sums demanded to Russia and relying on article 248.1 of the Russian Arbitrazh Procedural Code which grants the Russian court the...
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Arbitration analysis: This case demonstrates the court’s approach to section 45(4) of the Arbitration Ordinance (the ‘Ordinance’) Cap.609 which expressly permits the court to decline to grant interim relief. The court was prepared before the tribunal was constituted to grant an ex parte injunction
Arbitration analysis: This case involved an appeal to the Singapore High Court challenging an ICC Arbitral Tribunal’s decision that it did not have jurisdiction over one co-respondent to the proceeding per section 10(3) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (IAA). The
Arbitration analysis: Ms Clare Ambrose, sitting as a Deputy High Court Judge in the Chancery Division, declined to make an order enforcing a domestic arbitration award under section 66 of the Arbitration Act 1996 (AA 1996). The award had been made by a tribunal of the London Beth Din (Court of the
Law360: A recent Court of Justice opinion in an insurance dispute related to the 2002 sinking of oil tanker MV Prestige provides clarity on the priority of cross-border judgments and arbitral awards, and indicates that EU Member State civil judgments will be given precedence over UK arbitral awards,
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