In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more
9/27/2023
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Commercial Arbitration ,
Confidential Communications ,
Dispute Resolution ,
Duty of Confidentiality ,
International Arbitration ,
Jurisdiction ,
Rules of Civil Procedure ,
Rules of Evidence ,
Tribunals ,
UK
As we previously reported, by the end of 2019, Ukraine faced difficulties in complying with its feed-in-tariff (“FiT”) regime for the renewable energy sector because the FiT that the government owed to renewable energy...more
On 14 June 2021, the Privy Council of the United Kingdom (“Privy Council”) handed down judgment in Betamax Ltd (“Betamax”) v State Trading Corporation (Mauritius) (“STC”). The judgment provides important guidance on the...more
On 19 April 2021, the Judicial Committee of the Privy Council (“Privy Council”) rendered its decision in RAV Bahamas and another v Therapy Beach Club Incorporated (Bahamas) on the requirement under Section 90 of the Bahamas...more
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
Consent is a foundational requirement of any arbitration. This consent is embodied in the arbitration agreement. Typically, therefore, it is only the signatories to an arbitration agreement that are bound by the agreement to...more
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
To promote the production of clean energy, many countries have introduced incentives to encourage investment in the renewable energy sector. These incentives have often included feed-in tariffs (“FiTs”), which generally...more
12/21/2020
/ Contract Disputes ,
Electricity ,
Energy Sector ,
Feed-in-Tariffs ,
Foreign Investment ,
Multilateral Agreement ,
Renewable Energy ,
Solar Energy ,
Tariffs ,
Ukraine ,
Wind Power
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
12/2/2020
/ Appeals ,
Arbitration ,
Arbitrators ,
Bias ,
Disclosure Requirements ,
Halliburton ,
Impartiality ,
International Chamber of Commerce (ICC) ,
LCIA ,
UK ,
UK Supreme Court
On 9 October 2020, the U.K. Supreme Court in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38 ruled on the English law approach to determining the law governing an arbitration agreement. The Supreme...more
What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction?
There are no formal requirements for an arbitration agreement to be valid. However, the Arbitration Act 1996 (the...more
While the conduct of counsel in national court proceedings is subject to standardised local regulation, enforceable by disciplinary action before local authorities and courts, the conduct of counsel in international...more
What, if any, are the legal requirements of an arbitration agreement under the laws of England and Wales?
Arbitration proceedings in England and Wales (and Northern Ireland) are governed by the Arbitration Act 1996 (the...more
Until relatively recently, where a dispute was subject to arbitration, a party in need of emergency interim relief at the pre-arbitral stage only had two options. First, it could await the constitution of the arbitral...more