Where a non-signatory is involved in performing a contract it may be bound by the arbitration agreement. ‘Good faith’ will play a role, as case law concerning the ‘group of companies’ doctrine reveals. The solution is to be absolutely clear in your arbitration agreement as to whether you wish it to extend to non-signatories involved in a project.
May 25, 2016
Res judicata and issue estoppel exist at the intersection of procedural and substantive law. Deciding what law should apply remains at the discretion of arbitration tribunals. This makes res judicata a potential area of uncertainty in the arbitration process.
In Australia, any attempt to derail the arbitration process by involving the courts will be looked upon unfavourably. If you are unhappy with the process, go to the tribunal, wait for them to decide on the issues you raise, and do not seek court intervention prematurely. This point was underlined in 2015 when the Federal Court of Australia dismissed a challenge to the appointment of two arbitrators in the Sino Dragon v Noble Resources dispute.
Update from the US: Atlanta now has a specialized court to handle international arbitration as well as a centre for international arbitration and mediation (established 2015) and an arbitration code (enacted 2012) based on the UNCITRAL model law.
Good news: by the end of 2016, HKIAC, SIAC and the ICC will all have opened offices in the Shanghai Free-Trade Zone. This signals a new era of closer cooperation with China’s arbitration commissions and a higher profile for best practice training.
Privilege is a fundamental legal right. It allows individuals and corporate entities to resist disclosure of confidential and sensitive material. There are strict rules on when privilege applies under English law: not all communications with lawyers and other advisers will be protected. Privilege can be lost by circulating privileged material without adequate safeguards.
Welcome to issue 6 of Norton Rose Fulbright’s International arbitration report.
The widespread introduction of legislation protecting the actions of ‘whistleblowers’, and increased public expectations of global corporate accountability, mean tha
May 24, 2016
From June 1, 2016, certain UK financial institutions (defined below) and members of their global group will be restricted from entering into, or materially amending, ‘financial arrangements’ governed by the laws of a ‘third country’ (being a country that is not an EU Member State) unless their counterparties enable them to meet a new, UK-specific, “stay recognition requirement”.
May 23, 2016
Fintech is driving innovation in financial services globally and changing the nature of commerce and end-user expectations for payments and financial services. Regulators, financial institutions and investors are showing growing interest in FinTech development. It has been reported that global investment grew to US$19 billion in 2015, with US$13.8 billion invested into venture capital -backed FinTech companies , while in Asia Pacific, FinTech investment was a US$3.5 billion in the first 9 months of 2015, near 4 times that of 2014.
May 10, 2016
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