Important COVID-19 Update


These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, arbitrators, mediators and other dispute resolution practitioners are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

Issue 10

Aug 2016

In this issue we feature the topical issues of ‘fair play’ and bias in arbitration and adjudication.

We also look at the Permanent Court of Arbitration’s (PCA’s) award in the South China Sea case in which the Tribunal rejected China’s claim to historic rights over all of the South China Sea as without any foundation in international law, the PCA’s award in the Philip Morris case in which the Tribunal declined to exercise jurisdiction in the matter, the English High Court’s approach to ruling on the jurisdiction of an arbitral tribunal, how the Hong Kong Court of Appeal recently dealt with the penalties rule; and more.

  • Arbitral tribunal issues landmark decision in the South China Sea case – Volterra Fietta, London
  •  Arbitration: Reasonable opportunity to present case, Albert Monichino, Australia
  • Fair Play – Bias in Arbitration and Adjudication – Kate A Corby & Benjamin Levitt, London
  • Apparent Judicial Bias – a hard argument to win? – Daniel Kalderimis, Auckland, NZ
  • English High Court refuses to determine the existence of a disputed arbitration clause prior to the commencement of arbitration proceedings  – Chris Parker & James Allsop, London
  • CASE IN BRIEF – Drake City Ltd v Tasman-Jones – Sarah Redding, NZDRC
  • Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia: Permanent Court of Arbitration Tribunal Publishes Redacted Version of Award on Jurisdiction and Admissibility – Steven Nelson & Michael Robbins, USA/Hong Kong
  • Hong Kong Court of Appeal takes a practical view on the penalties rule upholding a liquidated damages clause – Gareth Thomas, Dominic Geiser & Priya Aswani, London