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
On January 13, 2023, the United States Supreme Court agreed to hear two related cases in which it will decide for the first time whether and in what circumstances a foreign (non-U.S.) plaintiff may bring a civil action under...more
In a recent English judgment, Vale SA and others v Steinmetz and others [2021] EWCA Civ 1987, which concerned the effect that an arbitral award had upon a proprietary claim against a non-party to the arbitration, the Court of...more
The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for...more
In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also...more
In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court recognised for the first time that there is an ongoing, statutory duty in English law, which requires arbitrators to disclose facts or...more
On 27 November 2020, the U.K. Supreme Court in Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 ruled on the approach under English law to determining whether an...more
The English Supreme Court (Lord Reed, Lord Hodge, Lady Black, Lord Lloyd-Jones, and Lady Arden) has finished hearing two days of submissions in the Halliburton Company v Chubb Bermuda Insurance Limited appeal. The core...more
Two recent U.S. federal appellate court decisions addressing a U.S. statute often used to obtain discovery for use in international arbitration will have a significant impact on the conduct of cross-border dispute resolution....more
A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional rules so as to avoid (if necessary) the...more