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International Arbitration Commercial Court

K&L Gates LLP

Consumer Rights Can Render an Otherwise Valid Arbitration Award Unenforceable

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A warning to all consumer-facing businesses: the UK’s Court of Appeal has upheld the enforcement of a US$64 million Hong Kong-seated arbitration award against a Mrs Zhang, rejecting her argument that she was protected by the...more

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

Morrison & Foerster LLP

The Federal Republic of Nigeria v P&ID – Renewed scrutiny of IA

Morrison & Foerster LLP on

On 23 October 2023, the English Commercial Court published its much-anticipated judgment in The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm). The Court found in favour of the...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

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

Farrell Fritz, P.C.

Beneficiary To A Trust Lacks Standing To Collect Unpaid Debt

Farrell Fritz, P.C. on

The poet, Robert W. Service once wrote that “a promise made is a debt unpaid.” The question that remains is: Who gets to collect on that unpaid debt?...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] Brexit and Dispute Resolution in the UK

In this episode, Akin Gump litigation partner Mark Dawkins and senior counsel Sheena Buddhdev discuss Brexit and its possible impact on international dispute resolution in the U.K. Among the topics covered: • Brexit state...more

Sheppard Mullin Richter & Hampton LLP

The Benefits of the International Commercial Courts of Paris in French-American Commercial Litigations

On February 7, 2018, the Commercial and Appellate Courts of Paris officialized the creation, for each of them, of a chamber dedicated to resolving international commercial litigations. These chambers are known as the...more

BCLP

XL’s injunction not “sneaky” in support of arbitration clause in UK D&O Policy

BCLP on

In XL v Little (May 2019), the Commercial Court granted a final anti-suit injunction to prevent Mr Little, a US individual, from bringing his D&O claim in New York in breach of the insurance policy’s London arbitration...more

Jones Day

The Netherlands Commercial Court: An Attractive Forum for Litigation

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Specially designed for large and complex international commercial disputes, the NCC offers effective and economical litigation options. In December 2018, the Dutch Senate unanimously passed legislation to introduce the...more

Hogan Lovells

The Netherlands Commercial Court has arrived

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On 11 December 2018, the Dutch Senate approved draft legislation introducing the Netherlands Commercial Court (NCC). The aim of the legislation is to introduce a flexible, efficient and cheaper alternative for arbitration...more

Hogan Lovells

The long reach of US discovery: Commercial Court allows enforcement of 28 USC §1782 discovery order

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In recent years, US federal procedural law has emerged as a powerful weapon in cross-border disputes. In particular, section 1782 of Title 28 of the United States Code (28 USC §1782) allows district courts in the US to order...more

A&O Shearman

The Netherlands Commercial Court, a new forum of choice?

A&O Shearman on

The Netherlands Commercial Court (NCC) will soon be up and running in Amsterdam. Parties can already choose to bring disputes before this new and specialised chamber of the Court of Amsterdam by including a forum clause in...more

Latham & Watkins LLP

New York Vacates Arbitral Award With Manifest Disregard Doctrine

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In Daesang v. The NutraSweet Co. (May 2017), the New York State Supreme Court partially vacated a $100 million International Chamber of Commerce (ICC) arbitral award on the grounds of manifest disregard of the law. Justice...more

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