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Pro bono support for asylum seekers detained in the UK

To mark UK National Pro Bono Week, A&O volunteers talk about their work to support asylum seekers at risk of removal from the UK to Rwanda....more

Structuring investments in 2022: time to rethink

A number of factors have led to a more uncertain environment for infrastructure investment globally as we move into 2022. ...more

Effect of non-compliance with a pre-arbitral obligation to mediate: who decides?

NWA v NVF, hot on the heels of a similar decision in Sierra Leone v SL Mining Ltd [2021] EWHC 286 (Comm), confirms that, under English law, non-compliance with a pre-arbitral obligation to mediate is a matter of the...more

Governing law of arbitration agreement

The UK Supreme Court refused to enforce an ICC arbitration award against a Kuwaiti company. Where the governing law of an arbitration agreement was not specified, the governing law of the contract (English law) applied,...more

UK Supreme Court clarifies English law on arbitrators’ duties of impartiality, disclosure and confidentiality

In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court recognised for the first time that there is an ongoing, statutory duty in English law, which requires arbitrators to disclose facts or...more

Governing law of an arbitration agreement: Supreme Court Enka v Chubb

In Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court unanimously held that, if the parties have chosen a governing law for a contract containing an arbitration clause, this would...more

Arbitration: English seat does not guarantee English governing law and anti-suit injunction

The English High Court (Andrew Baker J) has refused to hear an application for an anti-suit injunction to restrain proceedings in Russia allegedly in breach of an arbitration agreement. The court concluded that it was not an...more

ISDA publishes a new edition of its Arbitration Guide

The International Swaps and Derivatives Association (ISDA) (advised by Allen & Overy LLP) has published a second edition of its Arbitration Guide (the 2018 ISDA Arbitration Guide). While the basic structure of the Arbitration...more

Briefing note: New laws create potential for arbitration claims against Tanzania

Potential arbitration claims arising from three acts affecting investors in natural resources projects in Tanzania INTRODUCTION - In July 2017, three new laws (the Acts) entered into force in Tanzania which could have...more

Costs of third-party funding awarded in arbitration

The Commercial Court has stated that it is within an arbitral tribunal’s discretion to award to a claimant its costs of third-party funding, including the uplift payable by the claimant in the event of success. This decision...more

"May" Or "Shall": What Should Be Used In An Arbitration Clause?

The Privy Council decision in Anzen Ltd & ors v Hermes One Ltd [2016] UKPC 1, 18 January 2016, has important implications for the drafting of arbitration clauses. The Privy Council held that an arbitration clause providing...more

Kurdistan Regional Government's Sovereign Immunity Plea Fails In English Court

The English High Court in Pearl Petroleum Co Ltd & ors v Kurdistan Regional Government of Iraq [2015] EWHC 3361 (Comm), 20 November 2015 rejected immunity claims by the Kurdistan Regional Government of Iraq (KRG) in the...more

European Commission’s Draft Investment Chapter For TTIP: Towards The End Of Investment Treaties As We Know Them?

If it ever sees the light of day (and the politics on both sides of the Atlantic are complicated), it will be a broad free trade agreement (FTA) with 24 chapters on, among other things, market access for goods and services,...more

The LCIA’s New 2014 Arbitration Rules

The London Court of International Arbitration (“LCIA”) has published in final form its new arbitration rules (the “2014 Rules”), which will apply to arbitrations commenced after 1 October 2014. ...more

8/6/2014  /  Arbitration , Final Rules , UK
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