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
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
5/3/2023
/ Appeals ,
Arbitration ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Judicial Remedies ,
Jurisdiction ,
Limitation Periods ,
Mandatory Arbitration Clauses ,
UK ,
Unenforceable Contract Terms
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
12/19/2022
/ Affirmative Defenses ,
Arbitration ,
Breach of Contract ,
Commercial Litigation ,
Contract Disputes ,
Contract Formation ,
Contract Interpretation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Damages ,
Dispute Resolution ,
Good Faith ,
Indemnification ,
Misrepresentation ,
Rules of Civil Procedure ,
UK
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
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
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
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
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
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
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
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
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
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
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
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
1/10/2019
/ Arbitration ,
Breach of Contract ,
Business Litigation ,
Commercial Contracts ,
Commercial Court ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Good Faith ,
Rules of Civil Procedure ,
Statutory Remedies ,
UK
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
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
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
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
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
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
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
5/8/2017
/ Arbitration ,
Brussels Convention ,
Chamber of Commerce ,
Criminal Prosecution ,
ICSID ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
ISDA Master Agreement ,
Jurisdiction ,
New York Convention ,
SIAC
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
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:
- 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