The Law Commission’s Final Report on the Arbitration Act 1996 makes a modest number of important recommendations for reform.
On 6 September 2023, the Law Commission concluded its review of the Arbitration Act 1996 (the...more
A new decision signals the Court’s readiness to interpret section 44(2)(a) of the Arbitration Act 1996 broadly.
In A and B v C, D and E (Taking evidence for a foreign seated arbitration), the Court of Appeal unanimously...more
The Court’s ruling supports the general principle that costs follow the event.
In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English...more
In a geopolitically significant case, the English High Court opined on important provisions of the EU sanctions regime.
The judgment of the English High Court in Ministry of Defence & Support for Armed Forces of the...more
The 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters offers certainty in cross-border enforcement of judgments.
On 2 July 2019, the Hague Conference on Private...more
Parties should avoid uncertainties by stipulating the applicable law to the arbitration agreement.
The decision in J (Lebanon) v. K (Kuwait) provides a useful analysis of which law (i.e., the law of the arbitration...more
Arbitral tribunal had jurisdiction despite the lack of an express arbitration clause.
In Sonact Group Limited v Premuda Spa [2018] EWHC 3820, the English High Court confirmed that an arbitral tribunal had jurisdiction over...more
An arbitration award cannot be enforced in England against a foreign State without serving the proceedings on that State through the diplomatic channels.
In General Dynamics UK Ltd v Libya [2019] EWHC 64 (Comm), Males LJ,...more
The Court allows an application to extend time for bringing arbitration proceedings under section 12(3) of the Arbitration Act 1996.
In the recent case of Haven Insurance Company Limited v EUI Limited (T/A Elephant...more
Judgment clarifies the exceptional circumstances in which anti-arbitration injunctions against foreign-seated arbitrations might be granted.
In Sabbagh v Khoury, Justice Knowles in the High Court issued an anti-arbitration...more
Judgement clarifies that the Brussels Recast Regulation does not reverse the West Tankers decision.
In Nori Holdings v Bank Otkritie, Justice Males in the High Court issued an anti-suit injunction to restrain court...more
Two recent English court decisions provide useful reminders that parties to arbitration agreements must take care to properly serve arbitration proceedings on the other party. In doing so, parties will avoid the risk of the...more
On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial...more
On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more
5/8/2017
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A recent High Court decision provides a timely reminder that parties to an arbitration agreement must take care to ensure that arbitration proceedings are properly served to avoid an award being set aside or refused...more
The Stockholm Chamber of Commerce’s (SCC) revised draft Rules for Expedited Arbitration (the “Expedited Rules”) and the SCC’s draft Arbitration Rules (“the Arbitration Rules”) (together “the Rules”), due to come into force in...more