In Mordchai Ganz v Petronz FZE & Abraham Goren [2024] EWHC 1011 (Comm), the English Commercial Court (the Court) decided to publish a non-anonymised judgment on an arbitration claim concerning challenges to an arbitration award. In doing so, the Court has provided helpful guidance on balancing party expectations of confidentiality in arbitration against the
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The Hong Kong Court of Appeal extends Re Guy Lam approach to cross-claims subject to arbitration agreement
By Vivianchan
In Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299 (Simplicity; which we blogged about here), the Court of Appeal confirmed that the Court of Final Appeal’s approach in Re Guy Kwok Hung Lam [2023] HKCFA 9 (Guy Lam; see our blog post here) should apply in winding up cases involving…
Court of Appeal finds buyer gave sufficient notice of claim under SPA, emphasising need to construe such clauses in light of commercial purpose
The Court of Appeal has found that a buyer gave sufficient notice of a claim for breach of warranty under a share purchase agreement where the notice specified a different basis for assessing loss than was ultimately pursued: Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] EWCA Civ 477.
The…
Sanctions tracker: recent UK sanctions developments
In this post, we bring you the latest round-up of UK sanctions news, including new legislation, new designations, and a Supreme Court decision on the ability to rely on force majeure following the imposition of sanctions.
New sanctions legislation
The UK government has recently published the Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024…
(ONLY) I’VE GOT THE POWER – SINGAPORE INTERNATIONAL COMMERCIAL COURT REAFFIRMS EXCLUSIVE SETTING ASIDE POWER OF SEAT COURT; GRANTS ANTI-SUIT INJUNCTION
On 26 April 2024, the Singapore Courts issued the first known Singapore International Commercial Court (SICC) judgment granting a post-award anti-suit injunction, protecting their setting-aside jurisdiction and the integrity of Singapore-seated awards.
Commencing proceedings on home turf rather than the proper forum is a common guerilla tactic for dissatisfied parties, especially after a loss at…
Contract damage principles and wasted expenditure – High Court decision
Authors: Jay Leary, Mikayla Ware
What does litigation between a developer and a council have to do with the mining industry? This High Court case provides an important reminder of the approach to contract damage principles, and clarifies the approach to wasted expenditure claims. From a practice point of view, the decision provides helpful guidance…
HONG KONG COURT OF APPEAL CLARIFIES EFFECT OF ARBITRATION CLAUSES ON INSOLVENCY PROCEEDINGS
In highly-anticipated twin rulings, the Hong Kong Court of Appeal has confirmed the approach which should be taken when a debtor opposes insolvency proceedings on the basis of a defence or claim which is subject to an arbitration clause (Re Simplicity & Vogue Retailing (HK) Co., Limited [2024] HKCA 299; Re Shandong Chenming…
High Court rejects investor claims against bank for role in failed film finance scheme
By Nihar Lovell
The High Court dismissed a claim by multiple investors against a bank in respect of its role in marketing a film investment scheme intended to enable individual UK taxpayers to defer their tax liabilities, which was successfully challenged by HMRC: Upham & Ors v HSBC UK Bank plc [2024] EWHC 849 (Comm).
The claimants…
FINALITY IN ARBITRATION: A TRIBUNAL’S MANDATE TERMINATES UPON DISPOSING OF ALL ISSUES IN DISPUTE, UNLESS IT EXPRESSLY RESERVES ITS JURISDICTION TO REOPEN ITS AWARD
By Abi Jones
An arbitrator ordered a party to pay certain sums to the counterparty if the counterparty proved sufficiently that it had incurred those expenses. Could the arbitrator reopen the case later to decide if the condition had been satisfied?
Singapore’s Court of Appeal decided in Voltas Ltd v York International Pte Ltd [2024] SGCA 12 that…