International arbitration

International Arbitration and Enforcement

International Arbitration and Enforcement

We have extensive experience in acting for parties involved in international arbitration proceedings with knowledge of a wide range of arbitral rules in common use throughout the world.  This includes knowledge of the provisions and application of the Model Law and the New York Convention in a wide range of common law and civil law jurisdictions, encompassing the enforcement and resistance to enforcement of international arbitration awards in some of the Region’s most high-profile matters.

Examples of our experience include:
  • Acting for a large Indonesian conglomerate in relation to widely reported arbitration enforcement proceedings brought in Hong Kong by a Malaysian telecommunication company, seeking enforcement of five awards rendered in Singapore following SIAC arbitration proceedings. Our involvement has spanned numerous interlocutory applications, hearings before the High Court of Hong Kong and Court of Appeal, extensive advocacy, including Phillip Rompotis appearing in an 11 day hearing in the High Court in the decision reported as Astro Nusantara International BV and Ors v PT Ayunda Prima Mitra and Ors [2013] HKCFI 1885
  • Representing one of China’s largest state owned enterprises in relation to two separate arbitration proceedings brought by Indonesian parties pursuant to the ICC Rules, in relation to the design, construction and operation of a fuel facility in Indonesia
  • Advising a UK-based investor investing in a PRC WFOE engaged in the public relations sector in the PRC involving complex joint venture arrangements, intellectual property and licensing issues
  • Acting as advocate for an Indian-based employer and local contractor in relation to the calling of performance bonds during the construction of a food processing plant and commercial premises
  • Acting for a property developer in a dispute arising from a joint venture between Chinese-based equity investor and a property developer in relation to the rezoning and development of greenfield agricultural land
  • Representing a main contractor in an appeal by the Hong Kong Government against an arbitration award
  • Acting for an arbitrator in relation to proceedings for removal based on allegations of misconduct
  • Appearing as lead advocate in complex proceedings commenced by foreign and Australian-based investors into various “friendly” football matches between European and South American based international football teams promoted by representatives of the Federation International Football Federation (FIFA) in applications for damages for reputational loss

Phillip Rompotis has been appointed numerous times as sole arbitrator in a range of commercial disputes including shareholder disputes, disputes arising out of tripartite financing documents and a broad range of construction and engineering disputes, and is regularly invited to speak at seminars, including “Arbitrating International Disputes in South East Asia: Current Best Practice and Potential Reform”, International Arbitration Seminar, Singapore, 3rd December 2013, Panel speaker, “Joinder issues in Arbitration”.

We have published widely in relation to the application of the provisions of the Model law and the New York Convention and a selection of our published work can be found here:

Enforcement of arbitration awards: Is there a difference between awards set aside or refused recognition in the seat? PT First Media v Astro, August 2017

Hong Kong rejects set aside application: U v A and others [2017] HKCFI 398, August 2017 (click here for the full case)

Rejection of a Set Aside Application: Arjowiggins HKK2 Limited v X Co [2016] HKCFI 1901, December 2016 (click here for the full case)

The Consequences of Companies Merging During Arbitration Proceedings: A v B [2016] EWHC 3003, December 2016

Court of Appeal Revisits Model Law Setting Aside Provisions: Tronic International Pte Ltd (Singapore) v. Topco Scientific Co. Ltd (Taiwan) & Ors [2016] HKCA 371, October 2015 (click here for the full case)

Hong Kong Court Affirms Its Support Towards Enforcement Of Arbitration Awards: KB v S and Others [2015] HKCFI 1787, October 2015 (click here for the full case)

Article 34 Of The Model Law: Public Policy And Remission To An Arbitrator Where A Material Point Is Not Dealt With By The Tribunal: A v B [2015] HKCFI 1077 (click here for the full case)

An Anti Suit Injunction Should Be Granted To Protect The Parties’ Bargain Under An Arbitration Clause: RE: Ever Judger Holding Company Limited v Kroman Celik Sanayii Anonim Sirketi [2015] HKCFI 602, August 2015 (click here for the full case)

Could Arbitrations Be Held Where Agreements Nominated China As The Seat And Chinese Law As Governing Law?: Z v A [2015] HKCFI 228, April 2015 (click here for the full case)

A Double Barreled Arbitration Clause: Secretary for Justice v HP Enterprise Services (Hong Kong) Ltd [2012] HKCFI 1328, August 2012 (click here for the full case)