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In modern cross-border investment transactions, parties often structure their agreements to accommodate regulatory restrictions and commercial risks. However, disputes may arise where parties later disagree on the legal effect of those arrangements, particularly where foreign regulatory approvals and payment structures are involved. Such disputes frequently test the extent to which courts may interfere with arbitral […]

International commercial arbitration is built on consensus ad idem, where only those who agree to arbitrate should be bound. However, modern global commerce often stretches this principle. Transactions today commonly involve multiple entities, such as subsidiaries, parent companies, and subcontractors, within complex corporate and contractual structures. As a result, disputes frequently arise involving parties who

Where commercial relationships are governed by multiple related contracts, each containing its own arbitration clause, disputes may arise as to which clause should govern a given claim. This issue becomes particularly significant in investment structures where different agreements are executed at different stages and involve overlapping parties and obligations. The High Court of Hong Kong

Arbitration clauses are often described as the root of international contracts, however their effectiveness depends heavily on precise drafting. Even minor errors, such as the misnaming of an arbitral institution can raise questions about enforceability and, in some jurisdictions, may completely undermine the parties’ agreement to arbitrate. ‎‎In such a case, courts across different jurisdictions