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Arbitration Agreements United Kingdom

Morgan Lewis

UK Supreme Court Confirms Anti-Suit Injunction in Favour of Foreign-Seated Arbitrations

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The UK Supreme Court recently handed down its judgment in UniCredit Bank GmbH v. RusChemAlliance, reaffirming the English court’s support for arbitration and for holding parties to their agreement to arbitrate. However, to...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

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The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

Hogan Lovells

From default to contempt: security trustee obtains contempt ruling against Ukrainian businessmen

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A recent judgment of the English court obtained by Madison Pacific Trust Limited, represented by Hogan Lovells, demonstrates that the English courts are prepared to exercise their substantial coercive powers against...more

Jenner & Block

Amendments to the English Arbitration Act on Hold

Jenner & Block on

In our September 2023 newsletter, we wrote about proposed amendments to the English Arbitration Act as it approaches its 30th anniversary. The proposed amendments were seen as very light touch, but included changes to: -...more

BCLP

Smart Contracts and the Use of Arbitration to Resolve Related Disputes

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In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more

Dechert LLP

Dechert Cyber Bits - Issue 62

Dechert LLP on

FTC and DOJ Reach US$2.95 Million Settlement with Verkada for Alleged Violations of the FTC Act and CAN-SPAM Act - On August 30, 2024, the Federal Trade Commission (“FTC”) announced a proposed order with Verkada Inc....more

Mayer Brown

Anti-Suit Injunctions, Arbitration Clauses and (Pro) Active English Courts

Mayer Brown on

Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the...more

Latham & Watkins LLP

Arbitration or Winding-Up? Privy Council Decision in Sian Participation Corp v. Halimeda Overrules Traditional English Approach

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The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds....more

Cooley LLP

Arbitration Bill Passes Second Reading at House of Lords

Cooley LLP on

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

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in London

Vinson & Elkins LLP on

When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the first of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Faegre Drinker Biddle & Reath LLP

Arbitration Institution Digest (Part 2): LCIA Releases 2023 Annual Casework Report

On 31 May 2024, the London Court of International Arbitration (LCIA) released its Annual Casework Report for the year 2023 (Report). The Report provides an interesting insight into LCIA’s caseload over the past year, showing...more

Faegre Drinker Biddle & Reath LLP

Arbitration Bill: Washed Out Before UK General Election

Wash-out. A term synonymous with the Great British summer. But also, it seems, for the heralded Arbitration Bill, which was a glaring omission from the legislation considered by Parliament in the frantic few days before its...more

Hogan Lovells

UK snap general election stalls the progression of Bill intended to reform the English Arbitration Act 1996

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The UK government’s decision to call a snap general election has stalled the progression through Parliament of the Arbitration Bill, which was drafted to implement the Law Commission’s recommendations to modernise and...more

Proskauer - Minding Your Business

A Setback And An Opportunity: The Halted Progress Of The English Arbitration Act 1996 Reform

Recent developments have impacted the much-anticipated update to the English Arbitration Act 1996. Proposed reforms, developed by the Law Commission and through a consultation process, marked the first significant changes to...more

Orrick, Herrington & Sutcliffe LLP

Sanctions Are Not a ‘Get Out Of Arbitration Free’ Card!

The English High Court has confirmed that UK courts do not consider sanctions a bar to enforcing arbitration clauses referring disputes to the London Court of International Arbitration (LCIA). The court’s 10 May ruling...more

Cooley LLP

Court Proceedings Stayed in Favour of Arbitration to Which Respondents Were Not Party

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In NTT Limited & Others v. Goodall, the Commercial Court of England and Wales stayed litigation proceedings in favour of arbitration proceedings that would involve only three of the seven claimants. The case is a good example...more

Morrison & Foerster LLP

Arbitration Clauses and the Importance of Specifying the Law Which Governs the Arbitration Agreement: UniCredit Bank GmbH v....

The recent English Court of Appeal (CoA) decision in UniCredit v. RusChemAlliance has further highlighted the importance of specifying what law should govern an arbitration agreement, rather than an assumption that this would...more

Latham & Watkins LLP

UK Arbitration Act 2.0: Government Announces Targeted Reforms

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The Arbitration Bill’s changes clarify important aspects of English arbitral law, reinforcing London’s position as a leader in international arbitration. On 21 November 2023, the UK government unveiled its long-awaited plans...more

Cooley LLP

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

Cooley LLP on

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

Cooley LLP

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

Cooley LLP on

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

Faegre Drinker Biddle & Reath LLP

New English Arbitration Bill Announced in the King’s Speech

On 7 November 2023, His Majesty King Charles III delivered his first King’s Speech during the State Opening of Parliament. During his speech, His Majesty outlined the UK Government’s legislative priorities over the next...more

Faegre Drinker Biddle & Reath LLP

Mozambique v Privinvest Shipbuilding: UK Supreme Court Decision on Stay of Court Proceedings

In September, the Supreme Court overturned a decision by the Court of Appeal to grant a stay of proceedings in the case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and others [2023] UKSC 32. The Supreme...more

Proskauer - Minding Your Business

Reform of the English Arbitration Act 1996 – The Law Commission’s Final Report

We have previously reported on changes the Law Commission was considering to the Arbitration Act 1996 (the Act). The Law Commission has now published its final report (the Final Report, available here). The report draws...more

Jenner & Block

English Courts Provide Guidance on Staying Court Proceedings in Favour of Arbitration

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English courts possess broad powers to ensure parties that agree to arbitrate are held to their agreement. This includes the ability to grant a stay of proceedings under s.9 of the Arbitration Act 1996 (“the AA 1996") if...more

Orrick, Herrington & Sutcliffe LLP

The Law Commission’s final report on its review of the Arbitration Act 1996: Maintaining UK’s leading reputation for arbitration?

The UK Law Commission has published a final report containing recommendations for reform (the “Report”) of the Arbitration Act 1996 (the “Act”) – the law governing the procedure around every arbitration seated in London. ...more

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