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United Kingdom Supreme Court Clarifies When Court Proceedings Will Be Stayed in Favour of Arbitration

The U.K. Supreme Court has recently clarified the English courts’ power under Section 9 of the Arbitration Act 1996 (“Section 9”) to stay proceedings which are properly the subject of an arbitration agreement....more

Hong Kong Court Applies Enka v Chubb in Determining the Governing Law of Dispute Resolution Clause

The Court of First Instance in Hong Kong has adopted the English law principles for determining the governing law of dispute resolution clauses, such as arbitration clauses, in a recent judgment (China Railway v Chung Kin...more

Unsanctioned Payments: Overcoming Force Majeure Through Non-Contractual Performance

In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more

Singapore Court of Appeal Partially Sets Aside Arbitral Award for a “Flexible Approach” to Damages

The Singapore Court of Appeal’s recent decision in CEF and CEG v CEH [2022] SGCA 54 provides interesting guidance for arbitrators and parties alike on the dividing line between mere procedural complaints, which will not be...more

Kabab-Ji SAL v Kout Food Group: Latest UK Supreme Court Judgment on Governing Law of Arbitration Agreements

The U.K. Supreme Court recently handed down its long-awaited judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait). The judgment confirmed and applied the principles concerning the governing law of arbitration...more

COVID-19: Force Majeure Event?

Following the rapid spread of the novel coronavirus (“COVID-19”) that was first reported in Wuhan, China at the end of 2019, the World Health Organization declared COVID-19 to be a pandemic on March 11, 2020....more

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