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Arbitration United Kingdom

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Mayer Brown

Anti-Suit Injunctions, Arbitration Clauses and (Pro) Active English Courts

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Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the...more

Latham & Watkins LLP

Arbitration or Winding-Up? Privy Council Decision in Sian Participation Corp v. Halimeda Overrules Traditional English Approach

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The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds....more

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

BCLP on

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

Cooley LLP

Arbitration Bill Passes Second Reading at House of Lords

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After the previous government called a general election in late May, the Arbitration Bill was left out of the set of bills that would be approved on an expedited basis. In mid-July, the King’s Speech reintroduced an updated...more

K&L Gates LLP

Consumer Rights Can Render an Otherwise Valid Arbitration Award Unenforceable

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A warning to all consumer-facing businesses: the UK’s Court of Appeal has upheld the enforcement of a US$64 million Hong Kong-seated arbitration award against a Mrs Zhang, rejecting her argument that she was protected by the...more

Mayer Brown

Managing Sovereign Immunity Risk on a Transaction – What Commercial Parties Need to Know

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AT A GLANCE - State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties. The nature of a state's role on any transaction may vary and its...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in London

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the first of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Faegre Drinker Biddle & Reath LLP

Arbitration Institution Digest (Part 2): LCIA Releases 2023 Annual Casework Report

On 31 May 2024, the London Court of International Arbitration (LCIA) released its Annual Casework Report for the year 2023 (Report). The Report provides an interesting insight into LCIA’s caseload over the past year, showing...more

Akin Gump Strauss Hauer & Feld LLP

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

Faegre Drinker Biddle & Reath LLP

Arbitration Bill: Washed Out Before UK General Election

Wash-out. A term synonymous with the Great British summer. But also, it seems, for the heralded Arbitration Bill, which was a glaring omission from the legislation considered by Parliament in the frantic few days before its...more

Hogan Lovells

UK snap general election stalls the progression of Bill intended to reform the English Arbitration Act 1996

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The UK government’s decision to call a snap general election has stalled the progression through Parliament of the Arbitration Bill, which was drafted to implement the Law Commission’s recommendations to modernise and...more

Proskauer - Minding Your Business

A Setback And An Opportunity: The Halted Progress Of The English Arbitration Act 1996 Reform

Recent developments have impacted the much-anticipated update to the English Arbitration Act 1996. Proposed reforms, developed by the Law Commission and through a consultation process, marked the first significant changes to...more

Orrick, Herrington & Sutcliffe LLP

Sanctions Are Not a ‘Get Out Of Arbitration Free’ Card!

The English High Court has confirmed that UK courts do not consider sanctions a bar to enforcing arbitration clauses referring disputes to the London Court of International Arbitration (LCIA). The court’s 10 May ruling...more

Mayer Brown

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

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In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more

Hogan Lovells

UK Supreme Court preserves principles of contractual interpretation in RTI Ltd v MUR Shipping BV

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The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...more

Cooley LLP

MUR Shipping BV v. RTI Ltd: UK Supreme Court Allows Appeal

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In a final twist to this long and winding litigation, the UK Supreme Court has allowed MUR Shipping’s appeal, holding that ‘reasonable endeavours’ provisions in force majeure clauses (express or implied) do not require...more

Walkers

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

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In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more

Cooley LLP

Court Proceedings Stayed in Favour of Arbitration to Which Respondents Were Not Party

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In NTT Limited & Others v. Goodall, the Commercial Court of England and Wales stayed litigation proceedings in favour of arbitration proceedings that would involve only three of the seven claimants. The case is a good example...more

K&L Gates LLP

Arbitrator Bias: The English Commercial Court Offers Further Guidance on Disqualification of Arbitrators

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The leading English authority on arbitrator impartiality is the case of Halliburton Co v Chubb Bermuda Insurance Ltd [2021] AC 1083, a well-known case in which K&L Gates acted for Halliburton. Halliburton v Chubb clarified...more

Proskauer - Minding Your Business

UK Signs Hague 2019: New Clarity For Enforcement Of Choice Of Court Clauses In Finance Documents

Effective choice of court clauses (also known as jurisdiction clauses) are central to finance agreements. Reliable, certain process to enforce contractual obligations is essential for cross-border trade and finance...more

Cooley LLP

UK Court of Appeal Orders Mandatory Final Anti-Suit Injunction in Foreign-Seated Arbitration

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In its recent judgment in UniCredit Bank GmbH v. RusChemAlliance LLC, the Court of Appeal granted a mandatory final anti-suit injunction in support of a French-seated arbitration regarding proceedings brought by the...more

Morrison & Foerster LLP

Arbitration Clauses and the Importance of Specifying the Law Which Governs the Arbitration Agreement: UniCredit Bank GmbH v....

The recent English Court of Appeal (CoA) decision in UniCredit v. RusChemAlliance has further highlighted the importance of specifying what law should govern an arbitration agreement, rather than an assumption that this would...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

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The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Vinson & Elkins LLP

Key 2024 Arbitration Trends In A Changing World

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2023 was another year of change brought by global factors, such as the Russia-Ukraine war, the rising trend of protectionism, the continued and increased disruption to supply chains, and inflation — all factors that are set...more

Latham & Watkins LLP

UK Arbitration Act 2.0: Government Announces Targeted Reforms

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The Arbitration Bill’s changes clarify important aspects of English arbitral law, reinforcing London’s position as a leader in international arbitration. On 21 November 2023, the UK government unveiled its long-awaited plans...more

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