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Arbitration UK Supreme Court

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

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An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

Akin Gump Strauss Hauer & Feld LLP

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

Mayer Brown

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

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In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more

Hogan Lovells

UK Supreme Court preserves principles of contractual interpretation in RTI Ltd v MUR Shipping BV

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The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...more

Cooley LLP

MUR Shipping BV v. RTI Ltd: UK Supreme Court Allows Appeal

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In a final twist to this long and winding litigation, the UK Supreme Court has allowed MUR Shipping’s appeal, holding that ‘reasonable endeavours’ provisions in force majeure clauses (express or implied) do not require...more

BCLP

UK HR Two Minute Monthly: November 2023

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Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more

Conyers

What’s “the matter”? The UK Supreme Court’s decision on the scope of arbitration clauses

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The UK Supreme Court in a recent decision has clarified the approach to be taken in determining when a matter ought to be referred to arbitration under an arbitration clause, and when such a matter falls outside of an...more

Faegre Drinker Biddle & Reath LLP

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

Cooley LLP

UK Supreme Court Guidance on Staying Proceedings in Favour of Arbitration

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The UK Supreme Court’s recent judgment in Republic of Mozambique v. Privinvest Shipbuilding SAL and others,[1] provides an extremely valuable analysis of the proper basis for staying legal proceedings in favour of arbitration...more

Jenner & Block

English Courts Provide Guidance on Staying Court Proceedings in Favour of Arbitration

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English courts possess broad powers to ensure parties that agree to arbitrate are held to their agreement. This includes the ability to grant a stay of proceedings under s.9 of the Arbitration Act 1996 (“the AA 1996") if...more

A&O Shearman

United Kingdom Supreme Court Clarifies When Court Proceedings Will Be Stayed in Favour of Arbitration

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The U.K. Supreme Court has recently clarified the English courts’ power under Section 9 of the Arbitration Act 1996 (“Section 9”) to stay proceedings which are properly the subject of an arbitration agreement....more

Vinson & Elkins LLP

Arbitration Act Reforms and the Governing Law of Arbitration Agreements – A Welcome Clarification?

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On 6 September 2023, the Law Commission of England and Wales published its final report recommending some limited reforms to the Arbitration Act 1996 (“the Arbitration Act”).1 This final report follows a lengthy review...more

A&O Shearman

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

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In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more

Proskauer - Minding Your Business

Drafting an Arbitration Agreement? – Remember Four S’s

Last month saw the end of the second round of the UK Law Commission’s consultation on reform of the Arbitration Act 1996, the legislation which provides the framework for arbitration in England and Wales. We have reported on...more

Morgan Lewis

UK Law Commission Publishes Second Consultation Paper for Review of Arbitration Act 1996

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The comment period for the UK Law Commission’s most recent review of the Arbitration Act 1996 is now open—the Commission seeks comments on such topics as choice of law, Section 67 award challenges, and potential arbitrator...more

Hogan Lovells

Food fight – French and English courts clash over correct law to apply to arbitration agreement Talking Point Asia – October 2022

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A French court decision in the case of Kabab-Ji v Kout Food issued on 28 September 2022 by France's highest court brings into particularly sharp focus the different approaches by the French and English courts in deciding the...more

Akin Gump Strauss Hauer & Feld LLP

Fourth (and Final?) Act in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

On 28 September 2022, the French Cour de cassation upheld the French Court of Appeal’s decision in Kabab-Ji SAL v. Kout Food Group that the law of the seat, rather than the law governing the underlying contract, governed...more

WilmerHale

Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48: UK Supreme Court clarifies approach to determining whether there...

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In an important recent decision, the U.K. Supreme Court provided further guidance on how to determine the law that applies to an international arbitration agreement. In its unanimous decision in Kabab-Ji SAL v Kout Food...more

Hogan Lovells

The law on liquidated damages: a comparative approach across common law jurisdictions

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On 9 February 2022, our Hogan Lovells Singapore International Arbitration practice, together with Fountain Court Chambers, co-hosted their fourth annual seminar on contentious areas of commercial law, including the law on...more

Morrison & Foerster LLP

UK Litigation - A Year in Summary

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This year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic. As 2021 draws to a close, we round up the key events and developments from the year in...more

A&O Shearman

Governing law of arbitration agreement

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The UK Supreme Court refused to enforce an ICC arbitration award against a Kuwaiti company. Where the governing law of an arbitration agreement was not specified, the governing law of the contract (English law) applied,...more

Akin Gump Strauss Hauer & Feld LLP

The ‘Third Act’ in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

In a Judgement handed down on 27 October 20211, the UK Supreme Court upheld the English Court of Appeal finding in Kabab-Ji SAL v. Kout Food Group of 20 January 2020 that English law as the law governing the relevant...more

A&O Shearman

Enforcement of arbitration awards against States – court documents must be served through diplomatic channels

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In General Dynamics v Libya [2021] UKSC 22, the UK Supreme Court confirmed that diplomatic service of court documents on a State’s Ministry of Foreign Affairs is mandatory when enforcing an arbitral award against a foreign...more

K&L Gates LLP

UK Supreme Court Provides Further Guidance on the Governing Law of an Arbitration Agreement: Kabab-Ji SAL (Lebanon) v Kout Food...

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Following the decision in Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 (Enka) on which we previously reported, the UK Supreme Court has provided further helpful clarification as to the approach to...more

A&O Shearman

Kabab-Ji SAL v Kout Food Group: Latest UK Supreme Court Judgment on Governing Law of Arbitration Agreements

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The U.K. Supreme Court recently handed down its long-awaited judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait). The judgment confirmed and applied the principles concerning the governing law of arbitration...more

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