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Ontario Court of Appeal upholds “Strong” test for Forum Selection

Ontario Court of Appeal upholds “Strong” test for Forum Selection

by Editor | Mar 7, 2017 | Case Summaries, Jurisdiction + Forum

Gavin Magrath, Magrath’s International Legal Counsel The Ontario Court of Appeal recently confirmed that parties who enter into contractual arrangements that include a forum selection clause must show strong cause why they should not be enforced if suit is...

The “Golden Landmark” – A new dawn for enforcing foreign arbitrations?

by Editor | Jun 9, 2016 | Case Summaries, Jurisdiction + Forum

Ik Wei Chong, Clyde + Co, Shanghai Ref: Siemens International Trading (Shanghai) Co., Ltd vs. Shanghai Golden Landmark Co., Ltd (2013) Hu Yi Zhong Min Ren (Wai Zhong) Zi No. 2 (27 November 2015) (Shanghai No.1 Intermediate People’s Court). In a recent case in the...
Validity of China seated arbitrations administered by non-Chinese arbitration institutions

Validity of China seated arbitrations administered by non-Chinese arbitration institutions

by Editor | Dec 23, 2015 | Jurisdiction + Forum

Ik Wei Chong, Clyde + Co, Shanghai There are very few instances where an arbitration agreement, which provides for the arbitration to be administered by a non-Chinese arbitral institution (such as the ICC) under its arbitration rules, also provides for the seat of...
New Zealand High Court Backs Humanitarian Approach to Seafarers: Part 1

New Zealand High Court Backs Humanitarian Approach to Seafarers: Part 1

by Editor | Sep 21, 2015 | Jurisdiction + Forum, National Issues

Pauline Davies, Fee Langstone, New Zealand Ref: Glencore Grain BV v The Ship Lancelot V [2015] NZHC 1874, 10 August 2015, Davidson J At the time this article was being written, the Panama-registered, Marshall Islands-owned and Greek-managed Handymax ship Lancelot V...
The Supreme People’s Court issues guidance on CIETAC’s jurisdiction

The Supreme People’s Court issues guidance on CIETAC’s jurisdiction

by Editor | Jul 22, 2015 | Jurisdiction + Forum, National Issues

Ik Wei Chong, Clyde + Co, Shanghai On 15 July 2015, the Supreme People’s Court published “The Supreme People’s Court’s Reply to the Request Made by Shanghai High Court and Others in Relation to the Judicial Review on the Arbitration Awards...
Binding Contract on Carriage by Sea – Despite ”Unfinished” Negotiations 

Binding Contract on Carriage by Sea – Despite ”Unfinished” Negotiations 

by Editor | Jul 15, 2015 | Carriage by Sea, Insurance, Jurisdiction + Forum, Liability for Freight

  Aage Krogh, IUNO Denmark An American freight forwarder must pay 160,000 USD in damages to a Danish shipping company after having rejected a contract at the last minute and at the same time hired another shipping company to conduct the carriage. The Danish...
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