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International Arbitration Jurisdiction United Kingdom

Mayer Brown

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

Mayer Brown on

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

K&L Gates LLP

If You Cannot Enforce a Judgment in Your Jurisdiction, You May Still Be Able to Enforce in England

K&L Gates LLP on

In the recent case of Invest Bank PSC v. Ahmad Mohammed El-Husseini and Others [2023] 2302 (Comm), the High Court of England and Wales determined that two monetary judgments issued in the United Arab Emirates (UAE) could be...more

WilmerHale

Chambers Global Practice Guides - International Arbitration 2023 - England & Wales

WilmerHale on

In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more

Jenner & Block

Proposed Amendments to the English Arbitration Act

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The English Arbitration Act of 1996 is revered as underpinning the subsequent success of London as perhaps the world’s busiest arbitration venue. However, as the Act approaches its 30th anniversary, light touch reform is...more

BCLP

The Arbitration Act 2024: an Aggregation of Marginal Gains

BCLP on

The Law Commission of England and Wales has concluded its review of the Arbitration Act 1996. In our International Arbitration Survey 2022, we canvased views on the potential areas for reform of the Act....more

A&O Shearman

Hong Kong Court Applies Enka v Chubb in Determining the Governing Law of Dispute Resolution Clause

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The Court of First Instance in Hong Kong has adopted the English law principles for determining the governing law of dispute resolution clauses, such as arbitration clauses, in a recent judgment (China Railway v Chung Kin...more

A&O Shearman

Reform of the English Arbitration Act 1996

A&O Shearman on

Summary Disposal: Towards More Efficient Arbitration - On 22 September 2022, the Law Commission of England & Wales published a consultation paper as part of its ongoing review of the Arbitration Act 1996 (the “Act”)....more

Hogan Lovells

Consumer rights claim: Online NFT contract governed by New York law and arbitration - is it fair?

Hogan Lovells on

The English Court of Appeal in its recent decision in Amir Soleymani v Nifty Gateway LLC v The Competition and Markets Authority [2022] EWCA Civ 1297, held that claims by a high net worth individual that an online auction...more

Cooley LLP

Court of Appeal Lifts Stay to Allow English Court to Determine the Validity of Arbitration Clause

Cooley LLP on

The Court of Appeal of England and Wales in Soleymani v Nifty Gateway LLC has set aside a stay to allow the English court to determine the validity of an arbitration clause contained in a contract between an English consumer...more

A&O Shearman

Reform of the Arbitration Act 1996—Section 44: The Courts’ Supportive Powers

A&O Shearman on

We explained in a previous post that the Law Commission of England & Wales is conducting a review of the Arbitration Act 1996 as part of its 14th programme of law reform....more

A&O Shearman

Reform of the Arbitration Act 1996: An Opportunity for Improvement?

A&O Shearman on

As part of its 14th programme of reform, the Law Commission of England & Wales has announced that it will review the Arbitration Act 1996. Over the past 25 years, the Act has played a key role in making London the most...more

Latham & Watkins LLP

Commercial Court: Compliance With Arbitral Preconditions a Question of Admissibility

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The decision clarifies the circumstances under which an arbitral award might be challenged. A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an...more

Holland & Knight LLP

Brexit: Implications for Dispute Resolution

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Brexit has now well and truly arrived and brings with it changes to a number of important areas concerning cross-border litigation between the United Kingdom (UK) and the European Union (EU). Below is a brief summary of some...more

King & Spalding

English High Court Rules That Compliance With Pre-Arbitration Negotiation Periods Incapable of Challenge on Jurisdictional Grounds

King & Spalding on

Republic of Sierra Leone v SL Mining - The English High Court (Sir Michael Burton GBE) has handed down a significant judgment dismissing a challenge to a Tribunal’s jurisdiction under section 67 of the Arbitration Act...more

Proskauer - Minding Your Business

UK Contract? Today is the Day to Review Your Dispute Resolution Provisions

Whether you are a regular user of arbitration, a default user of your local courts or pick and choose a forum depending on the deal, it always pays to take a cold look at those choices. Do they still work for you? Will they...more

White & Case LLP

Anti-enforcement injunctions: Court of Appeal protects its jurisdiction over English assets

White & Case LLP on

The Court of Appeal has granted an anti-enforcement injunction restraining a US company from taking steps to enforce a US judgment in the US courts where such enforcement exorbitantly interferes with the jurisdiction of the...more

Carlton Fields

Fourth Circuit Determines Arbitral Panel in UK Is Foreign Tribunal for Purposes of Section 1782

Carlton Fields on

Where the parties to a private arbitration in the United Kingdom disagreed as to whether the arbitration panel is a “foreign or international tribunal” for purposes of obtaining testimony from residents in South Carolina...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] UK Dispute Resolution Post-Brexit

In this episode, Akin Gump litigation partner Mark Dawkins and senior counsel Sheena Buddhdev return to the studio to discuss U.K. dispute resolution in the wake of that country’s departure from the EU. Among the topics...more

Akin Gump Strauss Hauer & Feld LLP

The Law of an Arbitration Agreement: Is it the law of the seat or the law of the underlying contract?

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more

WilmerHale

International Comparative Legal Guide to International Arbitration 2019 - Chapter Thirty Two: England & Wales

WilmerHale on

What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction? There are no formal requirements for an arbitration agreement to be valid. However, the Arbitration Act 1996 (the...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] Brexit and Dispute Resolution in the UK

In this episode, Akin Gump litigation partner Mark Dawkins and senior counsel Sheena Buddhdev discuss Brexit and its possible impact on international dispute resolution in the U.K. Among the topics covered: • Brexit state...more

WilmerHale

Chambers Global Practice Guide: Litigation - 2019

WilmerHale on

International commerce is undergoing a period of rapid, sometimes tumultuous, change. Globalisation has created new markets, new technologies, new competition and, with them, increased demand for effective mechanisms to...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

White & Case LLP on

With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Latham & Watkins LLP

English Court Provides Welcome Clarification on Key Arbitral Award Issues

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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

Latham & Watkins LLP

Ignore Investment Structuring at your Peril

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In a recent challenge to an arbitral award under section 67 of the Arbitration Act 1996 (the Act), the High Court in Ruby Roz Agricol LLP v Republic of Kazakhstan, confirmed that the tribunal had correctly declined...more

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