News & Analysis as of

Arbitrators United Kingdom

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in London

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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

Cooley LLP

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

Cooley LLP on

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

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

JAMS

How Do We Protect Intangible Assets - A neutral’s perspective on how ADR may be impacted

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One may be surprised to learn that in 2020, according to a study on intangible assets undertaken by Ocean Tomo (Intangible Asset Market Value Study - Ocean Tomo), 90% of the value of S&P 500–listed companies was accounted for...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

Cooley LLP

1996 Arbitration Act Review: Law Commission Publishes Final Report

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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

Emmet, Marvin & Martin LLP

The Prague Rules Don’t Rule: A Look Into The IBA Challenger, Five Years Later

December 14 of this year will mark the five-year anniversary of the Rules on the Efficient Conduct of Proceedings in International Arbitration (the “Prague Rules”). At the 17th Century Renaissance Martinic Palace in Prague,...more

Latham & Watkins LLP

Quality Over Quantity: Law Commission Proposes Targeted Amendments to English Arbitration Act

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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

Akin Gump Strauss Hauer & Feld LLP

The Law Commission Publishes Its Final Report of Its Review of the UK Arbitration Act 1996

On 6 September 2023, the Law Commission published the long-awaited final report of its review of the UK Arbitration Act 1996 (the “Act”) and a draft bill setting out the recommended amendments to the Act. The upshot is that...more

A&O Shearman

Reform of the Arbitration Act 1996: Law Commission’s Final Report and Amendment Bill

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On 6 September 2023, the Law Commission of England & Wales published its final report on potential reforms to the English Arbitration Act 1996 (the “Act”). The report recommends making changes in six key areas, as well as a...more

BCLP

The Arbitration Act 2024: an Aggregation of Marginal Gains

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The Law Commission of England and Wales has concluded its review of the Arbitration Act 1996. In our International Arbitration Survey 2022, we canvased views on the potential areas for reform of the Act....more

Cooley LLP

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

Cooley LLP on

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

Faegre Drinker Biddle & Reath LLP

LCIA Releases 2022 Annual Casework Report

On 26 May 2023, the London Court of International Arbitration (LCIA) released its Annual Casework Report for the year 2022 (Report). The Report provides some insight into the LCIA’s work over the past year and reveals a solid...more

Cooley LLP

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

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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

Morgan Lewis

UK Law Commission Publishes Second Consultation Paper for Review of Arbitration Act 1996

Morgan Lewis on

The comment period for the UK Law Commission’s most recent review of the Arbitration Act 1996 is now open—the Commission seeks comments on such topics as choice of law, Section 67 award challenges, and potential arbitrator...more

White & Case LLP

Determining arbitrability of disputes in Singapore: the “composite” approach

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Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...more

A&O Shearman

Reform of the English Arbitration Act 1996

A&O Shearman on

Summary Disposal: Towards More Efficient Arbitration - On 22 September 2022, the Law Commission of England & Wales published a consultation paper as part of its ongoing review of the Arbitration Act 1996 (the “Act”)....more

Cooley LLP

The High Court Shows Support for Arbitral Process

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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

Cooley LLP

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

Cooley LLP on

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

K&L Gates LLP

The Law Commission Review of the Arbitration Act 1996

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Introduction - The Law Commission of England and Wales has published a Consultation Paper (the Paper) setting out its provisional proposals to update the Arbitration Act 1996 (the Act), applicable to arbitrations seated in...more

McGuireWoods LLP

Appointing an Arbitrator: As Simple as It Sounds?

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The High Court recently held that no complex contractual analysis is required to determine whether an arbitrator was validly appointed. Read on for analysis of the court’s decision in ARI v WXJ, which found that where an...more

Faegre Drinker Biddle & Reath LLP

England & Wales’ Law Commission Publishes Consultation Paper on the Arbitration Act 1996

The Arbitration Act 1996 came into force on 31 January 1997. Twenty-five years later it is still the gold-standard legal framework for arbitration. On 22 September 2022, the Law Commission of England and Wales published...more

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