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Arbitration Institution Digest (Part 3): ICC Releases Statistics for 2023

In June 2024, the International Chamber of Commerce (ICC) released its preliminary statistics report for 2023 for their arbitration and alternative dispute resolution (ADR) services. The numbers show an increase in cases as...more

Arbitration Institution Digest (Part 2): LCIA Releases 2023 Annual Casework Report

On 31 May 2024, the London Court of International Arbitration (LCIA) released its Annual Casework Report for the year 2023 (Report). The Report provides an interesting insight into LCIA’s caseload over the past year, showing...more

Arbitration Bill: Washed Out Before UK General Election

Wash-out. A term synonymous with the Great British summer. But also, it seems, for the heralded Arbitration Bill, which was a glaring omission from the legislation considered by Parliament in the frantic few days before its...more

Anti-suit Injunctions, Enka v Chubb and the Arbitration Bill

The recent RusChemAlliance LLC cases in the English High Court considered the practical impact of EU sanctions on Russian entities and the interaction between English and French jurisprudence in international arbitration. The...more

The Czech Republic v Diag Human SE and Josef Stava: Permission to Appeal Refused

In a recent decision, the Court of Appeal refused an application for permission to appeal a decision of the High Court concerning section 70(7) of the Arbitration Act 1996 (Act). This section states that the court has...more

UK to Sign the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ‘As Soon As...

On 23 November 2023, the UK government published its response to its consultation on the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague...more

New English Arbitration Bill Announced in the King’s Speech

On 7 November 2023, His Majesty King Charles III delivered his first King’s Speech during the State Opening of Parliament. During his speech, His Majesty outlined the UK Government’s legislative priorities over the next...more

Case Update: The Federal Republic of Nigeria v Process & Industrial Developments Limited

The High Court has recently handed down its judgment in the case of The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm). The case concerned the Federal Republic of Nigeria's...more

Mozambique v Privinvest Shipbuilding: UK Supreme Court Decision on Stay of Court Proceedings

In September, the Supreme Court overturned a decision by the Court of Appeal to grant a stay of proceedings in the case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and others [2023] UKSC 32. The Supreme...more

England & Wales Law Commission Proposes Changes to the Arbitration Act

The Law Commission of England and Wales has completed its long-awaited review of the Arbitration Act 1996. On 6 September it published its final report that set out its recommendations on how the regime governing arbitration...more

UK Supreme Court Ruling Sends Shockwaves into English Litigation Funding Regime

The UK Supreme Court (UKSC) recently ruled, by a majority of four-to-one, that litigation funding agreements (LFAs) — which entitle litigation funders to a payment based on the level of damages recovered in the case — are...more

English Commercial Court Rejects Public Policy Challenge to Hong Kong Arbitration Award

In Eternity Sky Investments Ltd v Mrs Xiaomin Zhang [2023] EWHC 1964 (Comm), the English Commercial Court refused to set aside an order for the enforcement of an arbitration award made in Hong Kong. The court rejected the...more

English Commercial Court Refuses Recognition and Enforcement of California-Seated Arbitration Award on Grounds of Public Policy

In Payward Inc, Payward Ventures Inc and Payward Ltd v Chechetkin [2023] EWHC 1780 (Comm), the English Commercial Court refused to enforce a California-seated arbitration award, on the basis that enforcement would contravene...more

Spotlight on Investor-State Dispute Settlement at UNCITRAL’s Annual Meeting

Background - Last week, during its 56th annual commission session in Vienna, the United Nations Committee on International Trade Law (UNCITRAL) adopted several legal texts to reform ISDS procedures. As the principal legal...more

LCIA Releases 2022 Annual Casework Report

On 26 May 2023, the London Court of International Arbitration (LCIA) released its Annual Casework Report for the year 2022 (Report). The Report provides some insight into the LCIA’s work over the past year and reveals a solid...more

Law Commission of England & Wales Publishes Second Consultation Paper on the Arbitration Act 1996

In autumn last year, the Law Commission of England and Wales published its review of the U.K. Arbitration Act 1996 (the First Paper). We outlined some of the Law Commission’s proposals in the First Paper in our update from...more

Arbitration Updates From Hong Kong, Singapore and Stockholm

Hong Kong - The Hong Kong International Arbitration Centre (HKIAC) has recently released their statistics for 2022, providing an interesting glimpse into the state of international arbitration in Hong Kong....more

England & Wales’ Law Commission Publishes Consultation Paper on the Arbitration Act 1996

The Arbitration Act 1996 came into force on 31 January 1997. Twenty-five years later it is still the gold-standard legal framework for arbitration. On 22 September 2022, the Law Commission of England and Wales published...more

London Chamber of Arbitration and Mediation Publishes New Rules

The London Chamber of Commerce and Industry launched the London Chamber of Arbitration and Mediation (LCAM) in May 2020. This was a relaunch of the chamber of commerce’s original London Chamber of Arbitration, founded in...more

Invasion of Ukraine and Related Sanctions: The Impact on Commercial Litigation in England

In our recent update Assessing the LCIA’s 2021 Annual Casework Report we reported that there had been a dip in the number of cases referred to international arbitration institutions in 2021. Further, the London Court of...more

Assessing the LCIA’s 2021 Annual Casework Report

On May 17, 2022, the London Court of International Arbitration (LCIA) released its Annual Casework Report, which provides an insight into the LCIA’s caseload in 2021. This follows statistics released by the International...more

2020: A Record-Breaking Year for International Commercial Arbitration

On 17 May 2021, the London Court of International Arbitration (LCIA) released its 2020 Annual Casework Report, which provides an insight into the LCIA’s caseload in 2020, and the impact the COVID-19 pandemic has had on its...more

European Commission Opposes UK’s Bid to Join Treaty to Enforce Judgments

In a potentially major setback to judicial cooperation across Europe, the European Commission has issued a statement that the UK should not be allowed to join the 2007 Lugano Convention (the “Convention”). In their...more

Brexit Update: U.K. Prime Minister’s Decision to Prorogue Parliament Unlawful

Background - The exit of the United Kingdom from the European Union is heading towards another periodic climax with the exit date currently set for 31 October 2019. The U.K. Supreme Court today held that the Prime...more

English High Court Tackles Jurisdiction, New York Law Indentures and English Law Intercreditor Agreements

In Part 8 proceedings in Citibank, N.A., London Branch v Oceanwood Opportunities Master Fund, the English High Court grappled with an Indenture governed by New York law and an Intercreditor Agreement (ICA) governed by English...more

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