Bloomsbury Arbitration Law Briefing Teaser

Case Summaries

Invalidity on Grounds of Public Policy [Hong Kong]

Z v Y [2018] HKCFI 2342

The Honk Kong CFI refused to recognise an arbitral award rendered by the China Guangzhou Arbitration Commission on the grounds that, inter alia, recognition of the award would be contrary to the public policy of Hong Kong.

Injunctive Relief and the Scope of the Arbitration Agreement [Hong Kong]

Castlemil Infant (UK) Supplies Company Limited v Care N Love Development Limited [2018] HKDC 1419

In a somewhat ambiguous judgment, a Hong Kong court determined that a particular cause of action lay outwith the scope of an arbitration agreement in its decision to grant mandatory injunctive relief.

In Focus

Micula & Ors v Romania [2018] EWCA Civ 1801 [England and Wales]

The Court of Appeal considered the application of the Kapferer Principle (designed to uphold res judicata and the finality of judgments within the context of EU law) and the determination of the EU Commission that an arbitral award constituted state aid in breach of the TFEU. The question for the court was the extent to which this impacted upon a determination by Blair J to grant a stay of proceedings and refuse to order security for costs in lieu of enforcement.

The Arbitration Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.