Latest Publications

Share:

High Court Ruling Helps Protect Confidentiality of Arbitral Awards

The High Court recently held that a party was not free to disclose an arbitral award even though that award had already entered the public domain. Notably, the ruling may have significant implications for parties considering...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

When Can an Order Requiring Payment Stifle an Appeal?

Recent UK Supreme Court decision could have far-reaching consequences for appeals - In a split decision, the Supreme Court recently considered whether an order requiring an appellant to pay money (that the appellant does...more

How Will Court of Appeal Decision in Sabbagh v Khoury and others Affect Future Article 6(1) Cases?

The Brussels Regulation provides for an exception to the general rule that a claimant must sue a defendant in the EU Member State where the defendant is domiciled. The exception allows a claimant to sue a defendant where a...more

Ignore Investment Structuring at your Peril

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

International Arbitration Newsletter - January 2017

New “Expedited Procedure” aims to fast-track lower value disputes. On 4 November 2016, the International Chamber of Commerce (ICC) released amendments to its Arbitration Rules (the 2016 Rules), which will come into...more

Business and Human Rights - Recent IBA Guidance for Lawyers

Lawyers must have the intersection of business and human rights at the front of their minds, and in-house counsel are no exception. Human rights risks transcend borders and industries, and may lead to bet-the-company...more

International Arbitration Newsletter - October 2016

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

Do Not Delay! The Early Bird Catches the Anti-Suit Injunction

The recent case of ADM Asia-Pacific Trading PTE Ltd v PT Budi Semesta Satria [1] illustrates the need for parties to act promptly and carefully when faced with proceedings contrary to an arbitration agreement. The court...more

Court Refuses to Expand Challenges of Arbitral Procedural Orders

The recent case of Enterprise Insurance Company Plc v U-Drive Solutions (Gibraltar) Limited [1] illustrates the reluctance of courts to intervene in arbitrations despite the parties agreeing otherwise. The court dismissed an...more

Court Refuses to Grant Declaratory Relief in an Arbitration

A recent Commercial Court case emphasises the limitations on court intervention in arbitration, and demonstrates that parties must think carefully about when and how to raise jurisdictional issues. In HC Trading Malta...more

International Arbitration Newsletter - July 2016

Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

Supreme Court Upholds Finality of Arbitral Awards

A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional rules so as to avoid (if necessary) the...more

Challenging Arbitral Awards – Who’s the Boss and What Can It Do?

Appealing High Court decisions under the Arbitration Act 1996 (the Act) may be restricted following a recent ruling by the Court of Appeal. In Integral Petroleum SA v Melars Group Limited (2016 EWCA Civ 108), the Court of...more

Beware the “Non-Exclusive” Arbitration Clause

“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

Difficulties for witnesses or strong connection with another jurisdiction not grounds for resisting arbitration agreement

In circumstances where the parties have already chosen arbitration as a means of settling disputes, the English courts will give short shrift to arguments focused on practical difficulties in providing witness evidence or on...more

High Court Flexes its Muscles in Support of LCIA Arbitration

The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a freezing order against a party which started...more

The Bribery Act Bites: Convictions for Foreign Bribery as Government Publishes Anti-Corruption Plan

In December 2014, the Serious Fraud Office (the SFO) secured landmark convictions in two separate cases: its first convictions against individuals under the Bribery Act 2010 (the Bribery Act) and its first conviction against...more

3/9/2015

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 - January 2014

In This Issue: - Germany Designates Latham & Watkins International Arbitration Co-chair Sebastian Seelmann-Eggebert to ICSID Panel - Choice of Venue in International Arbitration: A Book to Guide Tactical Venue...more

1/29/2014  /  International Arbitration

Human Rights Obligations on Companies: Important Legal Developments

Introduction - The requirement that businesses take steps to ensure respect for human rights is no longer simply a matter of good governance and “soft” law. Companies involved in international businesses must comply...more

12/19/2013  /  Human Rights , UK

Non-Compliance with Human Rights Obligations Poses New Legal Risks for UK Companies

An overview of recent developments in UK law regarding business and human rights - The UK government has launched a new action plan on business and human rights that is designed to implement the UN’s Guiding Principles...more

11/5/2013  /  Compliance , Human Rights , UK , United Nations
22 Results
/
View per page
Page: of 1

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.