In a landmark decision rendered by the European Court of Human Rights (ECtHR), the recent case of Iliria S.R.L. v Albania underscores the imperative need for timely justice in matters of international arbitration in the...more
With changes in global markets, the international arbitration landscape in Asia has notably shifted over the last few years. This article explores the impacts of volatility in today’s energy markets, related contractual...more
The UK Law Commission’s review of the Arbitration Act 1996 has concluded with the publication of its final recommendations. The final recommendations present a welcome set of practical changes that fine-tune legislation that...more
The comment period for the UK Law Commission’s most recent review of the Arbitration Act 1996 is now open—the Commission seeks comments on such topics as choice of law, Section 67 award challenges, and potential arbitrator...more
In Sara & Hossein Asset Holdings Limited v. Blacks Outdoor Retail Limited, the UK Supreme Court confirmed that the term “manifest error” should be construed narrowly. The case concerns a “conclusive certification” clause in...more
Following a consultation, the UK government announced it will sign the Singapore Convention, thereby renewing its commitment to international commercial mediation and the United Kingdom’s position as a world-leading center...more
When considering a proper dispute resolution forum for a contractual arrangement between the parties incorporated or operating in different jurisdictions, the parties often tend to prefer international arbitration over...more
The United Kingdom’s Office of Financial Sanctions Implementation (OFSI) has granted the London Court of International Arbitration (LCIA) a General Licence allowing it to process payments from designated parties (DPs) who are...more
The UK Law Commission is currently undertaking a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales, and Northern Ireland, to ensure it is as “clear, modern, and efficient...more
A new direction from the UAE Ministry of Justice will allow courts in Dubai to enforce judgments and orders issued by English courts.
The United Arab Emirates (UAE) and English governments have never entered into a...more
The judgment of Mr Justice Henshaw of the High Court of England and Wales was handed down on 10 January 2022 in Barclays Bank plc v Shetty. The judge ruled that while the High Court will adjourn a hearing if it is in the...more
The UK Law Commission has announced that it will carry out a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales, and Northern Ireland. The Law Commission has stated that its...more
Over the last 18 months, the Business and Property Courts of England and Wales have been running the Disclosure Pilot Scheme. Since its inception, this scheme has undergone a series of tweaks and amendments and the latest...more
In XL Insurance Company SE v. IPORS Underwriting Ltd, Paul Alan Corcoran & Others [2021] EWHC 1407 (Comm), Mrs. Justice Cockerill DBE imposed an immediate maximum sentence of two years’ imprisonment following an application...more
The Court’s 9 October decision in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company Chubb” (Chubb) not only ends the uncertainly that parties faced in this important question, but is also a call to action to adapt...more
In April 2020 and following an inconsistent approach by the English courts to the question of which law governs an arbitration agreement, the English Court of Appeal held in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company...more
An International Centre for Settlement of Investment Disputes (ICSID) tribunal has recently dismissed the jurisdictional challenges of the Republic of Cyprus and is pushing ahead with a multiparty arbitration commenced by...more
6/4/2020
/ Arbitration ,
Banks ,
Bilateral Investment Treaties ,
Bondholders ,
Court of Justice of the European Union (CJEU) ,
Cyprus ,
EU ,
Foreign Jurisdictions ,
ICSID ,
International Arbitration ,
Restructuring
In the wake of the coronavirus (COVID-19) pandemic, international arbitration and alternative dispute resolution institutions are looking to provide innovative solutions to current restrictions on international travel and...more
In light of the ongoing coronavirus (COVID-19) pandemic, the ICC on April 9 released a guidance highlighting a number of measures that parties, counsel, and tribunal members can take in order to avoid extensive disruption to...more
A number of updates to the arrangements in the English and Welsh Courts have been made since our last update on 26 March, including the expanded use of video and audio conferencing. Court Openings HM Courts & Tribunals...more
Despite the coronavirus (COVID-19) pandemic, dispute resolution carries on. Read on for a summary of the current (as of 26 March) arrangements in English and Welsh courts, two of the main arbitration institutions, one of the...more
In Civil Aviation Authority v. R (on the Application of Jet2.com Ltd.), the English Court of Appeal clarified the test for legal advice privilege, confirming the need to show that the dominant purpose of the relevant...more
2/26/2020
/ Airlines ,
Appeals ,
Attorney-Client Privilege ,
Aviation Industry ,
Civil Aviation Authority (the CAA) ,
Confidential Communications ,
Dominant Purpose Test ,
Judicial Review ,
Legal Advice ,
Legal Advice Privilege ,
Legal Representatives ,
UK
A recent ruling sets a precedent that no longer allows a contractual clause that purports to preclude variation other than in writing to be regarded as uniformly enforceable.
In a recent case concerning the breach of an...more
A possible alternative to the freezing injunction.
A judgment has recently provided helpful guidance on a creative form of injunction. The “notification order” compels a defendant to give notice to the claimant before...more
The English High Court recently permitted a party to use predictive coding technology in a contested application.
Only a few months ago in Pyrrho Investments Ltd and another v MWB Property Ltd and others (2016) EWHC...more