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
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
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
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
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
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
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
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
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
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
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
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
7/14/2016
/ Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Bilateral Investment Treaties ,
Canada ,
Conflicts of Interest ,
Enforceability ,
EU ,
Financial Institutions ,
Forum Selection ,
Free Trade Agreements ,
ICSID ,
Implementation Day ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Investor State Dispute Settlement (ISDS) ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Restitution ,
Romania ,
SDN List ,
Sovereign Immunity ,
SWIFT ,
Switzerland ,
Venezuela ,
Zimbabwe
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
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
“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
4/4/2016
/ Arbitration Agreements ,
Binding Arbitration ,
British Virgin Islands ,
Business Disputes ,
Contract Drafting ,
Exclusivity ,
Forum Selection ,
Litigation Fees & Costs ,
Motions to Stay Proceedings ,
Stockholder Agreements ,
UK
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
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
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
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
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
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
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