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Quality Over Quantity: Law Commission Proposes Targeted Amendments to English Arbitration Act

The Law Commission’s Final Report on the Arbitration Act 1996 makes a modest number of important recommendations for reform. On 6 September 2023, the Law Commission concluded its review of the Arbitration Act 1996 (the...more

Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Complex Commercial Litigation Law Review, 3rd Edition - England and Wales

The courts of England are some of the most established for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to civil litigation are robust and provide a clear framework for the...more

Chinese Court Decision Reinforces Need for Clear and Precise Drafting of China-Related Arbitration Agreements

Shijiazhuang Intermediate People’s Court declares arbitration agreement providing for ICC Rules arbitration seated in China invalid. In a dispute between Hebei Zhongxing Automobile Manufacturing Co., Ltd. (HZAM), a Chinese...more

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Two

Four recent developments highlight the benefit of arbitration clauses amidst uncertainty about choice of court clauses. Introduction - With the end of the Brexit transition period on 31 December 2020 fast approaching,...more

Enforcement of Foreign Judgments 2021

Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what...more

Successfully Tackling LIBOR Phase-Out in International Arbitration

The discontinuation of LIBOR in 2022 may pose a risk to arbitration proceedings. Preparation is key to a smooth transition. Key Points: ..LIBOR, which is widely used in financial transactions and is embedded in many...more

Court of Appeal Can Compel a Non-Party to an Arbitration Agreement to Provide Evidence

A new decision signals the Court’s readiness to interpret section 44(2)(a) of the Arbitration Act 1996 broadly. In A and B v C, D and E (Taking evidence for a foreign seated arbitration), the Court of Appeal unanimously...more

Court of Appeal: London-Seated Arbitration Cannot Circumvent Mandatory Arbitration Act Requirements

Decision confirms parties’ statutory right to challenge awards under s.67 and s.68. The Court of Appeal has overturned a High Court decision which granted a stay of an application challenging an award pending the...more

English High Court Confirms Costs Award Part and Parcel of Substantive Award

The Court’s ruling supports the general principle that costs follow the event. In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English...more

International Arbitration: Focus on Chinese Counter-Parties

Given recent developments, parties with cross-border agreements and arbitration with Chinese counter-parties should look to Hong Kong as a seat of arbitration. On 2 April 2019, the Hong Kong SAR Government and the PRC...more

Sections 68 and 69 of the Arbitration Act 1996 Have Bite!

A rare example of the English High Court varying an arbitral award. In Dakshu Patel v. Kesha Patel [2019] EWHC 298 (Ch), the English High Court upheld an appeal under section 69 of the Arbitration Act 1996 (the Act)...more

Chinese Court Takes Pro-Arbitration Approach to Validity of International Arbitration Agreement

Parties must draft arbitration agreements with Chinese parties clearly and precisely to ensure validity and avoid unwanted litigation. A Beijing court recently adopted a pro-arbitration approach in upholding the validity...more

Complex Commercial Litigation Law Review – England & Wales

Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framework for the cost-effective...more

English Court Issues Anti-Arbitration Injunction Restraining Lebanese Arbitration Proceedings

Judgment clarifies the exceptional circumstances in which anti-arbitration injunctions against foreign-seated arbitrations might be granted. In Sabbagh v Khoury, Justice Knowles in the High Court issued an anti-arbitration...more

English Court Cannot Issue Anti-Suit Injunctions Restraining Other EU Court Proceedings

Judgement clarifies that the Brussels Recast Regulation does not reverse the West Tankers decision. In Nori Holdings v Bank Otkritie, Justice Males in the High Court issued an anti-suit injunction to restrain court...more

English Court Provides Welcome Clarification on Key Arbitral Award Issues

The decision confirms that UNCITRAL Rules do not impose a higher procedural fairness burden than the Arbitration Act and that the foreign act of state doctrine applies in arbitrations. The Commercial Court considered...more

English Court of Appeal Re-Affirms Pro-Enforcement Stance Toward Foreign Arbitral Awards

Decision encourages a deferential approach to enforcing foreign awards in England and confirms narrow interpretation of the public policy exception under the New York Convention. The English Court of Appeal has confirmed...more

No Serious Irregularity in Arbitral Award for Failure to Take Account of Evidence

The English High Court recently dismissed a challenge to an arbitral award, holding that the tribunal’s alleged failure to take account of evidence did not amount to a serious irregularity under section 68 of the Arbitration...more

High Court Willing to Set Aside Arbitral Awards on Public Policy Grounds

On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial...more

International Arbitration Newsletter - May 2017

On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more

What Makes a Multi-tiered Dispute Resolution Clause Enforceable?

A recent High Court decision serves as a reminder that multi-tiered dispute resolution clauses are not necessarily enforceable, and provides insight into key drafting points. Overview - Multi-tiered dispute...more

Dispute Resolution Clause in Settlement Agreement Supersedes the Underlying Agreement

Monde Petroleum SA v Westernzagros Ltd [2015] EWHC 67 (Comm) - In 2006, WesternZagros Ltd (WZL), an oil and gas company incorporated in Cyprus, entered into a consultancy agreement with Monde Petroleum SA (Monde), a...more

International Arbitration Newsletter - February 2015

In this Issue: - Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015 - International Energy Charter Signals New Global Cooperation in the Energy...more

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