<br> I. BACKGROUND n 12 April 2006, the Applicant and the Respondents entered into an agreement which included a Letter of Intent (“LOI”) regarding the sale and purchase of shares. The LOI provided for Hong Kong law to be the governing law and for arbitration in Hong Kong. Disputes arose in 2010; the Respondents sought to terminate the LOI, and the …
Thailand: Deference to Arbitration in “Related Contracts” Situations
I. INTRODUCTION Within the commercial, construction and insurance industries, it has become increasingly popular practice to read arbitration clauses (contained within a principal agreement) into a string of related contracts in multi-contract transactions (“Related Contracts” Situations). This effectively shifts the determination of all contractual disputes from local judicial organs into the hands of arbitrators, for what parties often consider a …
Thailand Case Update: Arbitration and Secondary Agreements Part II (Supreme Court Decision No. 3786/2554)
<br> I. BACKGROUND he plaintiff (the “Contractor”) entered into a construction agreement with N.C. Engineering ltd., (the “Sub-Contractor”), the co-defendant, for a construction project in the Polyester Industrial Plant, situated in, Nikhom Phattana, Amphoe Barn Kai, Rayong (the “Principal Agreement”). The Agreement provides that any disputes shall be resolved by means of arbitration. The Contractor gradually made payments to the Sub-Contractor …
Singapore Case Update: Setting Aside an Award on the Basis of Public Policy & Breach of Natural Justice (Coal & Oil Co LLC v GHCL Ltd [2015])
</br> I. BACKGROUND n 26 April 2007, Coal & Oil Co LLC and GHCL Ltd signed an agreement, for Coal & Oil Co LLC to supply between 180,000 to 190,000mt of coal to GHCL Ltd, with three to four shipments. Both parties agreed to settle any disputes arising from the agreement with arbitration in Singapore, under the 2007 SIAC Rules. …
An Australian Perspective on the Value of ISDS Arbitration
raditionally, the relevance of investor-state dispute settlement (“ISDS”) arbitration to Australia has been limited because such provisions have not been included in the trade agreements with Australia’s largest investment partners. However, it seems likely that this is to change as the pattern of international investment into and out of Australia changes and as the progressive expansion of the application of …
Thailand Case Update: Arbitration and Secondary Agreements Part I (Supreme Court Decision No. 3260/2554)
<br> I. BACKGROUND ive contractors, collectively comprising a joint venture company (the “Contractors”) provided construction management services to a company (the “Employer”) over a waste water rehabilitation project. The project agreement between the Contractors and the Employer (the “Project Agreement”) contained a dispute resolution clause indicating that all disputes between the parties were to be resolved by arbitration under the …
Australia Case Update: Arbitrability of Intracorporate Disputes (Ikon Group Limited (No 2) [2015] NSWSC 981)
Singapore Case Update: Direct Enforceability of Interim Arbitral Awards (PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] SGCA 30)
Satisfaction Evaluation System; An Innovation by the HKIAC
“Parties increasingly look to arbitral institutions to provide some assurance that their arbitral tribunals function fairly and effectively. Through the HKIAC’s innovative initiative seeking detailed feedback from parties, this institution is creating tools to ensure that it can meet that challenge.” – Catherine Rogers, Founder and CEO of Arbitrator Intelligence onsumers of arbitration services are increasingly sophisticated, demanding and cost-conscious. …