News & Analysis as of

Commercial Court United Kingdom

K&L Gates LLP

Arbitrator Bias: The English Commercial Court Offers Further Guidance on Disqualification of Arbitrators

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The leading English authority on arbitrator impartiality is the case of Halliburton Co v Chubb Bermuda Insurance Ltd [2021] AC 1083, a well-known case in which K&L Gates acted for Halliburton. Halliburton v Chubb clarified...more

Cooley LLP

Commercial Court Leaves Room for Enforceability of Litigation Funding Agreements

Cooley LLP on

In the first case to address the ramifications of the UK Supreme Court’s decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others (see our July 2023 blog post on this case),[1] the...more

Cooley LLP

Commercial Court Refuses to Set Aside an Arbitration Award on Consumer Protection Grounds

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In Eternity Sky Investments Ltd v. Zhang,[1] the Commercial Court refused an application to set aside an enforcement order in respect of an award made in a Hong Kong-seated arbitration on the grounds that enforcement would be...more

K&L Gates LLP

Consumer Rights and Public Policy Prevent Recognition of Crypto US Arbitration Award in England

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If an online business thinks it is insulated from court proceedings by an arbitration clause in standard terms, the English Commercial Court decision in Payward Inc. v Chechetkin will give pause for thought, particularly...more

Latham & Watkins LLP

What Venezuelan Gold Fight Means For UK One Voice Doctrine

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On June 30, in Deutsche Bank AG v. Central Bank of Venezuela, the Court of Appeal of England and Wales handed down the latest judgment in the ongoing battle between the board of the Central Bank of Venezuela, or BCV,...more

K&L Gates LLP

PSJC v Mint – A Road Map for Litigation Involving Sanctioned Individuals or Entities?

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A recent judgment by London’s Commercial Court has shed light on the effect of Russian sanctions on ongoing litigation in the United Kingdom (UK). The Sanctions and Anti-Money Laundering Act 2018 (SAMLA) provides the main...more

BCLP

Catch me if you can: How the English Courts are adapting to remain an effective jurisdiction to combat crypto fraud

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The English courts have sought to lead the way in adjudicating crypto-related disputes and other technological matters in an international context. Recent decisions have demonstrated the English courts’ willingness to assist...more

K&L Gates LLP

English Court Sees No Obstacles to Enforcement of an English Court Judgment in the UAE

K&L Gates LLP on

The English Commercial Court has held, in the context of an application for security for costs against a United Arab Emirates (UAE)-domiciled bank, that there is no real risk that a judgment of an English Court may be refused...more

BCLP

Banking Bites - November 2022

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Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more

K&L Gates LLP

The Commercial Court of England and Wales Outlines Limitations under English law on the Doctrine of Separability in Respect to...

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The Commercial Court of England and Wales has outlined limitations of the doctrine of “separability,” i.e., the notion that an arbitration agreement within a commercial contract is distinct from the main contract itself, in a...more

BCLP

High Court considers repudiatory breach and wrongful termination in an aircraft lease contract dispute

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The High Court recently considered the termination of an aircraft lease to purchase contract between OCA and Novans (an aircraft broking and consultancy company). In finding for the Claimant, the judgment considers the thorny...more

K&L Gates LLP

Litigating Over Clinical Trials - The Importance of Causation

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In a recent judgment in Cardiorentis AG v Iqvia Limited and Anor [2022] EWHC 250 (Comm), the English Commercial Court examined in detail, for the first time in the United Kingdom, the duties and standards required of contract...more

Latham & Watkins LLP

UK Supreme Court Finds Guaidó Is to Be Recognised as Venezuela’s Head of State in Gold Dispute

Latham & Watkins LLP on

The decision clarifies the role of the English courts and the UK executive branch in the recognition of foreign heads of state and the ability of English courts to adjudicate the lawfulness of executive and legislative acts...more

K&L Gates LLP

English Commercial Court Enforces DIFC Court Judgment Under Common Law Rules

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The Commercial Court of the Queen’s Bench Division of the High Court of Justice of England and Wales (Commercial Court) has granted an application for summary judgment on a claim to enforce in England a judgment of the DIFC...more

BCLP

English Court supports broad discretion of arbitrators despite COVID-19 and debate over third party funding costs

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The recent Commercial Court decision in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. highlights the very broad discretion that arbitrators have when it comes to making decisions concerning the conduct of...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

WilmerHale

CVLC Three Carrier Corp v Arab Maritime Petroleum Transport Company: The English Commercial Court Provides Guidance on Arbitration...

WilmerHale on

The recent case of CVLC Three Carrier Corp & Anor v Arab Maritime Petroleum Transport Company [2021] EWHC 551 (Comm) is a rare example of a successful challenge under section 69 of the Arbitration Act 1996 (Act).  Section 69...more

K&L Gates LLP

Conflicting Dispute Resolution Provisions: English Court Stays its own Proceedings in Favour of International Arbitration in...

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SUMMARY - In Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TBK [2021] EWHC 99 (Comm), the English Commercial Court has interpreted conflicting dispute resolution provisions and ordered a stay of court proceedings in...more

Latham & Watkins LLP

Commercial Court: Compliance With Arbitral Preconditions a Question of Admissibility

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The decision clarifies the circumstances under which an arbitral award might be challenged. A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an...more

WilmerHale

Republic of Sierra Leone v SL Mining Ltd: The English Commercial Court Rules On The Effect Of Non-Compliance With A Multi-Tier...

WilmerHale on

On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision. The decision settles...more

BCLP

FCA Test Case - new declarations: The final hurdle

BCLP on

On 15 February 2021 the FCA released the draft “declarations” that the parties are asking the Supreme Court to make following its judgment in January. The declarations are intended to neatly capture the decisions of the...more

BCLP

Supreme Court hands down its judgment in the COVID-19 Business Interruption Insurance Test Case

BCLP on

The UK Supreme Court in the Test Case on Business Interruption Insurance brought by the FCA on behalf of policyholders has decided that the FCA’s appeal (on behalf of policyholders) should be substantially allowed, with...more

BCLP

Supreme Court Decision in Halliburton v Chubb: No universal application of arbitrator’s “gold standard” disclosure

BCLP on

The UK Supreme Court has released its much-anticipated decision in the Deepwater Horizon case between Halliburton v Chubb. The appeal concerns the arbitrator’s duty of impartiality, the duty to give disclosure of other...more

BCLP

What to expect from the FCA Test Case appeal to the Supreme Court

BCLP on

On 16 November all eyes will turn to the Supreme Court as a 4-day hearing commences to determine the appeals of the FCA, the Hiscox Action Group, and six of the original eight insurers who were party to the FCA’s Test Case. ...more

Morgan Lewis

English Court of Appeal Clarifies Test for Governing Law of Arbitration Agreements

Morgan Lewis on

In April 2020 and following an inconsistent approach by the English courts to the question of which law governs an arbitration agreement, the English Court of Appeal held in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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