On-Demand Bonds or Guarantees are preferred relative to “see to it” Bonds or Guarantees. This is because under On-Demand Bonds the obligation to pay arises through a demand being made under the Bond whereas under a “see to...more
The Fundamental Problem -
International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step...more
Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited handed down in the Hong Kong Court of Appeal has significantly elevated the fundamental importance of so-called...more
11/18/2020
/ Arbitrators ,
Breach of Contract ,
Condition Precedent ,
Construction Contracts ,
Contract Terms ,
Entitlements ,
FIDIC Contracts ,
General Contractors ,
Hong Kong ,
Subcontractors ,
Subcontracts
Party Nomination of Arbitrators -
Parties benefit from a broad freedom in nominating arbitrators. In the context of an arbitration seated in France, the French law principle of égalité (equality) between the parties in...more
Last month, the Singapore International Arbitration Centre (SIAC) started a review and revision of its 2016 Rules (the “2020 Review”). The 2016 Rules introduced a number of novel provisions to address “early dismissal of...more
8/6/2020
/ Arbitration ,
Arbitration Awards ,
Arbitrators ,
Conflicts of Interest ,
Cybersecurity ,
Data Privacy ,
Disclosure Requirements ,
Dismissals ,
Emergency Arbitration Provisions ,
International Arbitration ,
Sanctions ,
SIAC ,
Singapore
If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. In...more
If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more
Where London is the Seat those involved in international arbitration ought to know that challenges under Section 68 of the Arbitration Act 1996, (the “Act”) require highly exceptional conditions. We say this because Section...more