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 ruling confirmed that Section 423 of the Insolvency Act 1986 has extensive international reach, and does not require a transaction at an undervalue to leave the debtor with insufficient assets.
Background -
The...more
Will the UK join the Lugano Convention 2007?
Conflicting reports have emerged in recent days as to whether the EU will approve the UK’s application to join the Lugano Convention 2007, the UK’s preferred regime for...more
The EU-UK Trade and Cooperation Agreement has now been agreed. So what rules will apply to jurisdiction and foreign judgments in the UK from 1 January 2021?
Introduction -
It has been a long time in the making, but the...more
English law, courts and arbitral tribunals may become more relevant and popular after Brexit, not less.
Introduction -
English law, courts, and arbitral tribunals may become more relevant and popular after Brexit, not...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 UK has taken steps to accede to the Lugano Convention 2007, as maintaining the status quo under the Brussels Recast Regulation 1215/2012 will no longer be an option once the transition period expires.
The UK has...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
Applicants challenging jurisdiction must satisfy a single three-limbed test, rather than establish a ‘good arguable case’ and ‘better of the argument’.
The English Court of Appeal has clarified the correct test to be...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
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
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
One of the relatively unsung success stories of the European Union (and its predecessors) is its experiment in judicial co-operation. The first major component of this experiment was the 1968 Brussels Convention on...more
Introduction -
Regulation 44/2001 (the “Original Brussels Regulation”), which aimed to harmonise the approach to jurisdiction and the recognition and enforcement of judgments across European Union Member States’...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