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Articles by Mitchell Dearness
Singapore Court Of Appeal Confirms That The Parties' Intention To Arbitrate Should Not Be Given Effect "At All Costs"
To print this article, all you need is to be registered or login on Mondaq.com. Introduction In BNA v BNB and Anor [2019] SGCA 84, the Singapore Court of Appeal (the “COA“) confirmed that the phrase “arbitration in Shanghai” meant that Shanghai was the seat of arbitration, reversing the position taken by the arbitral tribunal and the High Court. The COA made this finding notwithstanding the fact that the arbitration agreement would, according to BNA, be invalid under PRC law.
Singapore Court of Appeal confirms that the parties’ intention to Arbitrate should not be given effect “at all costs” | Lexology
Singapore
January 17 2020 Introduction In BNA v BNB and Anor [2019] SGCA 84, the Singapore Court of Appeal (the “COA“) confirmed that the phrase “arbitration in Shanghai” meant that Shanghai was the seat of arbitration, reversing the position taken by the arbitral tribunal and the High Court. The COA made this finding notwithstanding the fact that the arbitration agreement would, according to BNA, be invalid under PRC law.
Australian Joint Standing Committee on Treaties approves new investment treaties between Australia, Hong Kong and Indonesia | Lexology
The Joint Standing Committee on Treaties (“JSCOT“) of the Australian Parliament has just released Report No. 186 examining three treaties: the Free Trade Agreement between Australia and Hong Kong, China (“HK-FTA“), the Investment Agreement between the Government of Australia and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (“HK-Investment Agreement“) and the Comprehensive Economic Partnership Agreement between the Government of Australia and...
The cost of ambiguity in dispute resolution clauses | Lexology
The Supreme Court of South Australia has recently dismissed an application for a permanent stay of proceedings on the ground that the parties were not subject to a binding agreement to arbitrate.1 The decision highlights the importance of drafting dispute resolution clauses that clearly express the parties’ intent and which can be given effect.
Subpoenas issued by Australian Court in support of Arbitral Proceedings | Lexology
Businesses who participate in international arbitration should be aware of the mechanisms available to assist them with the arbitral process, including where assistance can be obtained from the courts in support of that arbitration.
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