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.
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
In The Titan Unity, the Singapore High Court considered an application to stay court proceedings in favour of arbitration. The claimant had commenced court proceedings in Singapore relating to the defendant’s failure to deliver a cargo under certain bills of lading. The defendant applied for a stay of the proceedings in favour of arbitration under section 6 of the International Arbitration Act (“IAA“) on the basis that an arbitration clause in a separate time charter party between the parties had been incorporated into the bills of lading. The claimant denied
The Spanish Arbitration Club (CEA) has just launched a report on corporate arbitration in Spain. The report, prepared by a committee of specialists, aims at clarifying the rules on arbitration within joint-stock companies, particularly after the Spanish Arbitration Law was amended in 2011, and new articles on corporate arbitration were introduced. The report has been recently shared with the members of the arbitration community and is expected to be publicly available soon at the CEA’s website. Here you can find the most relevant highlights.