Boutique by Design - International by Instinct
The US Supreme Court has been asked to clarify the legal regime governing non-signatories to arbitration agreements under the Federal Arbitration Act. In particular, the Court is now asked to resolve whether state law principles of equitable estoppel apply to a claim to extend an arbitration agreement, or whether “federal common law” derived from a […]
Apportionment of liability amongst participants in an unincorporated joint venture is complex. Such complexity is increased when one participant is in dispute with the joint venture and the absence of arbitration joinder means that there are two arbitrations. This gives rise to questions of the boundary of jurisdiction of each Tribunal and to questions about […]
Arbitral awards are rarely set aside. In DWL v DWM,[1] the Singapore High Court dismissed an application to set-aside an arbitral award for excess of jurisdiction or breach of natural justice. Eminent judges have been clear “there is a difference between, on the one hand, a party having no opportunity to address a point or […]
In JKD and anor v IKC,[1] the English High Court dismissed a challenge under section 68 of the Arbitration Act 1996 to an arbitral Order refusing to restrain a call on a bond. This is another important case because it reinforces the thinking that section 68 challenges apply only to Awards (not arbitral Orders) and […]
In DSS v DST,[1] the Singapore High Court found that an award, where 108 out of the 211 paragraphs were wholesale or substantial reproductions of excerpts from a related award, was not rendered in breach of natural justice. The Claimant said that the reproductions were not limited to reciting of uncontroversial procedural matters but “extend […]
In TTSJV W.L.L and others v BapCo Refining B.S.C (TTSJV),[1] the English High Court dismissed an application for an injunction against a bond call. Applications to restrain bond calls are difficult, given the high threshold. London has reaffirmed the position that a call on an ‘on-demand’ bond can only be restrained in cases of fraud […]
Third-Party Funding (TPF) comes up in international arbitration. Agreements typically require a successful party to reimburse the sums provided by the funder and pay an uplift. There is debate as to whether this uplift (TPF Costs) can be recovered in international arbitration from the unsuccessful party. Tribunals have discretion in costs allocation. The types of […]
Applications under section 68 of the English Arbitration Act 1996 (the Act) allow a party to challenge an arbitral award on the basis of serious irregularity affecting the tribunal, the proceedings, or the award itself. Despite this statutory mechanism, challenges rarely succeed: in 2020/21, the most recent year for which data is available, only 4% […]
The ICC Arbitration Rules 2026 took effect on 1 June 2026. The 2026 Rules align well with innovations seen in the SIAC and HKIAC Rules and address several points that, in practice, were not operating commensurate with the Rules. Key changes concern: removal of the mandatory status of the Terms of Reference that has long […]
