Resolution in Brief
Welcome to our ReSolution in Brief blog page, which hosts a collection of news, articles, and announcements relating to the latest information and rulings about Arbitration, Mediation, and private dispute resolution, both in the Asia-Pacific and New Zealand jurisdictions.
Enforcement and recognition of foreign awards made in international arbitrations: as easy as one, two, three…
By Maria Cole A Court’s hands can be tied if a party does not ask for its assistance. In this case, the losing parties in an international arbitration had a foreign award enforced against them because they failed to ask the local Court to consider the law on when...
Federal Court of Australia Enforces Foreign Arbitral Award of $40 Million
By Sam Dorne In Guoao Holding Group Co Ltd v Xue (No 2) [2022] FCA 1584, the Federal Court of Australia granted enforcement in Australia of a foreign arbitral award issued in China, and dismissed objections that enforcement would be contrary to Australian public...
Arbitrator’s Exercise of Phantom Jurisdiction
By Richard Pidgeon In CMB v Fund, Cattle and Management [2023] HKCFI 760, the Hong Kong Court of First Instance ruled that a pre-emptive arbitration should be set aside as there was no dispute between the immediate parties to the arbitration and the award was...
An Orthodox Operation of Religious Arbitration
By Richard Pidgeon In Tayar v Feldman [2022] FCA 1432, the Federal Court of Australia considered the enforcement of an arbitral award at the intersection of Orthodox Jewish law and the secular Commercial Arbitration Act (Victoria) 2011 and Bankruptcy Act 1966...
Subject matter arbitrability: Singaporean seat
By Richard Pidgeon In Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1, the Singaporean Court of Appeal settled on a new composite approach to addressing pre-award arbitrability, namely review of the public policy position of the subject...
Husky v Whittaker’s appeal outcome: Ontario Court of Appeal upholds stay of court proceedings for referral to NZIAC arbitration
By Richard Pidgeon In Husky Food Importers & Distributors Limited v JH Whittaker & Sons Limited, 2023 ONCA 260, the Ontario Court of Appeal has provided guidance on the test and standard of proof required to stay court proceedings in favour of an arbitration...
Chapter Review: Compulsory Consolidation in Arbitral Proceedings: An Infringement on Party Autonomy?
Many may recall in the early months of 2021 a story as bizarre as it was disruptive. A 400-metre-long ship, the ‘Ever Given’, had lodged itself firmly in the pits of the Suez Canal, one of two of the world’s most vital shipping corridors. Nothing could get past, and...
Gas dispute to be aired in arbitration
By Richard Pidgeon The Supreme Court of Western Australia in Power and Water Corporation v Eni Australia B V [2022] WASC 376 considered whether a party to a gas supply agreement was justified in attempting to avoid an arbitration clause. On the facts, the application...
Where do directors’ duties lie once insolvency looms?
By Sam Dorne In BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25, the UK Supreme Court handed down its judgment which examined the role of directors when a company becomes, or is likely to become, insolvent. The decision looked at when directors were to consider the...
Is a party required to accept non-contractual performance during a force majeure event?
By Kate Holland The English Court of Appeal made waves in the last part of 2022 with its decision in MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406. On a non-uanimous basis, the Court of Appeal held that a party had not been entitled to rely on a force majeure clause...
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