The Supreme Court’s much-anticipated judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb addresses the correct approach under English law to determining the governing law of an arbitration agreement. The judgment seeks to promote certainty and enforceability of arbitration agreements.
A recent decision of Mr. Justice G. Lam in the Hong Kong Court of First Instance (“CFI“), Ever Judger Holding Co Ltd v Kroman Celik Sanayii Anonim Sirketi (HCCT 6/2015), has elucidated the Hong Kong courts’ approach to “anti-suit injunctions”. Case Summary Ever Judger Holding Co. (“the Shipowners“) owned the “MV Ever Judger“, chartered for delivering cargo by Kroman Celik Anonim Sirketi (“the Buyers“). The bills of lading incorporated an arbitration clause governed by English law, referring any dispute to arbitration in Hong Kong. When the ship arrived in Turkey,
In Gazprom OAO (Case 536/13) the Advocate General (AG) has recently opined on whether a court may refuse to recognise and enforce an arbitral award on the basis that it restricts that court’s right to determine its own jurisdiction under the recast Brussels Regulation (1215/2012/EC). In the course of his opinion the AG made a number of comments on the recognition and enforcement of anti-suit injunctions, particularly in light of the recast Brussels Regulation. Case Summary The question which was referred to the Court of Justice of the European Union
The Singapore Court of Appeal has allowed an appeal against a decision of the Singapore High Court, finding that standard terms (containing an arbitration agreement) sent by one party after the essential terms to the transaction had been agreed upon, were nonetheless incorporated into the agreement between the parties. R1 International, a Singapore incorporated company, supplied natural rubber to Lonstroff AG, a Swiss incorporated company, under several orders. The first and second orders were confirmed by email and subsequently, sales contracts purporting to incorporate the terms of the International Rubber
In R1 International Pte ltd v Lonstroff AG the Singapore High Court dismissed an application for a permanent anti suit injunction in support of arbitration proceedings, finding that there was no arbitration agreement. Nevertheless the court considered, obiter, its powers to grant permanent relief. R1 International, a Singapore company, applied to make permanent an interim anti-suit injunction restraining Lonstroff AG (the respondent), a Swiss company, from pursuing proceedings in a Swiss court on the basis of a disputed sale of rubber. The court dismissed the application and discharged the interim