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Arbitration Bill Passes Second Reading at House of Lords

After the previous government called a general election in late May, the Arbitration Bill was left out of the set of bills that would be approved on an expedited basis. In mid-July, the King’s Speech reintroduced an updated...more

International Bar Association Publishes 2024 Guidelines on Conflicts of Interest in International Arbitration

In February 2024, the International Bar Association (IBA) published the 2024 edition of its Guidelines on Conflicts of Interest in International Arbitration....more

UK Court of Appeal Orders Mandatory Final Anti-Suit Injunction in Foreign-Seated Arbitration

In its recent judgment in UniCredit Bank GmbH v. RusChemAlliance LLC, the Court of Appeal granted a mandatory final anti-suit injunction in support of a French-seated arbitration regarding proceedings brought by the...more

UK Government Introduces Arbitration Bill Into Parliament, Incorporating Law Commission’s Proposals for Reform

The UK government introduced the Arbitration Bill into UK Parliament on 21 November 2023, and it has already had its first reading. The bill incorporates all of the Law Commission’s recommendations for reform of the English...more

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

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

UK Supreme Court Guidance on Staying Proceedings in Favour of Arbitration

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

1996 Arbitration Act Review: Law Commission Publishes Final Report

The Law Commission has published its final report on its review of the Arbitration Act 1996. The review – which has been admirably thorough – began in March 2021 and has involved two consultations (which we reported on in...more

High Court Refuses to Enforce Arbitration Award Relating to Crypto Consumer Contract

In Payward, Inc. and Others v. Chechetkin, the High Court of England and Wales refused the claimants’ claim for the enforcement of a US arbitration award against a UK-based consumer. The court ruled that enforcement of the...more

8/31/2023  /  Arbitration , Arbitration Awards , FSMA

High Court Rules Arbitral Awards Don’t Deprive English Court of Jurisdiction in Crypto Consumer Claim

In Chechetkin v. Payward Ltd and Others, the High Court of England and Wales ruled that the existence of an arbitration clause in an agreement between the parties should not prevent the court from hearing the UK consumer’s...more

1996 Arbitration Act Review Continues: Law Commission Publishes Second Consultation Paper

The Law Commission has published a second consultation paper as part of its ongoing review of the Arbitration Act 1996. An initial consultation paper containing proposals for reform was published in September 2022....more

EU Plans To Regulate Third-Party Funding in Litigation and International Arbitration

On 13th September 2022, the EU Parliament voted to approve a resolution proposing a directive (the “Directive”) on the regulation of third-party funding entitled “Responsible private funding of litigation”. If adopted in its...more

The High Court Shows Support for Arbitral Process

In its instructive judgment in RQP v ZYX, the High Court of England and Wales has provided helpful commentary on two aspects of the arbitration process, namely: (i) the limited circumstances in which a tribunal may have...more

Exercising an Option to Arbitrate: a Matter of Content over Form

In Aiteo Eastern E&P Company Limited v Shell Western Supply and Trading Limited the High Court of England and Wales considered what a party with an option to refer a dispute to arbitration must do to successfully exercise...more

Court of Appeal Lifts Stay to Allow English Court to Determine the Validity of Arbitration Clause

The Court of Appeal of England and Wales in Soleymani v Nifty Gateway LLC has set aside a stay to allow the English court to determine the validity of an arbitration clause contained in a contract between an English consumer...more

The 1996 Arbitration Act Under Review: The Law Commission Requests Comments on Proposed Reforms

The UK Government has asked the Law Commission to review the Arbitration Act 1996 (the ‘Act’) to make sure that England and Wales (and London as an arbitration seat) remain at the forefront of international arbitration. On 22...more

Investment Treaties Could Provide Remedy For Russia’s Unlawful Seizure of Foreign Assets

As Reuters recently reported, Russia is preparing a new law that will allow it to seize the local businesses of Western companies that have left or suspended operations in Russia due to the invasion of Ukraine. Affected...more

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