The Continuing Debate As to Whether Non-Chinese Institutions May Administer Arbitrations In China
- By Richard Hill, Fulbright & Jaworski LLP,
for YIAG
One aspect of Chinese arbitration law that is of enduring interest to the international arbitration community is the question of whether Chinese law permits non-Chinese arbitration institutions, such as the ICC, to administer arbitrations in China. In practice, a number of arbitrations have taken place and are currently taking place in China under the rules of the ICC and other non-Chinese institutions. Often the question of whether this is in compliance with Chinese law does not arise, for example where no damages are awarded or where the award is enforced against assets outside of China. But will the Chinese courts enforce awards resulting from Chinese arbitrations administered by foreign [...]
Hybrid ICC/SIAC arbitration clause upheld in Singapore
- By Richard Hill, Fulbright & Jaworski LLP,
for YIAG
In a judgment dated June 2, 2009, the Singapore Court of Appeal has upheld a “hybrid” arbitration clause which provided that all disputes should be resolved “by arbitration before the Singapore International Arbitration Centre in accordance with the Rules of Arbitration of the International Chamber of Commerce”.
In the case of Insigma Technology Co Ltd v Alstom Technology Ltd [2009] SGCA 24, Insigma failed in its application to set aside an award rendered by an eminent three-member tribunal in an arbitration that was administered by the SIAC applying the ICC Arbitration Rules.
The decision is to some extent explained by Insigma’s conduct in the matter. When Alstom initially commenc [...]
English Court Retains Jurisdiction Notwithstanding French Arbitration Clause
- By Richard Hill, Fulbright & Jaworski LLP,
for YIAG
In the recent decision in Youell v La Reunion Aerienne [2009] EWCA Civ 175 the English Court of Appeal applied the ECJ decision in West Tankers and upheld a Commercial Court decision holding that the mere fact that a contract contains an arbitration clause does not deprive the court of jurisdiction under the Brussels Regulation. The appropriate remedy for a party alleging that English court proceedings are brought in breach of an arbitration agreement was therefore not to challenge the court’s jurisdiction but rather to seek a stay of the court proceedings under Section 9 of the Arbitration Act.
The claimants, London market insurers, and the defendants, French market insurers, bot [...]
