Thailand: Deference to Arbitration in “Related Contracts” Situations

170083477_1052x200

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)

154035902_1052x200

<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 …

An Australian Perspective on the Value of ISDS Arbitration

MainTemplate_1200x350_People

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)

154035902_1052x200

<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)

154035902_1052x200
TL;DR Case Citation: In the matter of Ikon Group Limited (No 2) [2015] NSWSC 981 (available here) Court: New South Wales Supreme Court, Australia Coram: Justice Brereton Date of Decision: 13 May 2015 (Ex Tempore) Relevant Legislation: International Arbitration Act 1974 (Cth); Corporations Act 2001 (Cth) IAA Lead Editor for Australia Alex Ferguson and Samuel Seow examine the case of Ikon ...

Singapore Case Update: Direct Enforceability of Interim Arbitral Awards (PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation? [2015] SGCA 30)

154035902_1052x200
TL;DR Case Name: PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation? [2015] SGCA 30 (available here; this is an appeal from the High Court decision available here) Court: Singapore Court of Appeal Coram: Sundaresh Menon CJ, Quentin Loh J (Majority) [1]-[111]; Chan Sek Keong SJ (Minority) [112]-[236] <br></br> Date Delivered: 27 May 2015 This landmark decision by the Court of Appeal ...

Satisfaction Evaluation System; An Innovation by the HKIAC

166637417_1052x200_2

“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. …