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Tag Archives: arbitration

High Court Reiterates High Threshold for Enforcement of Annulled Awards

By Charles Rae A High Court decision has reiterated the difficulties international parties face in enforcing in England awards set aside by courts at the seat of arbitration. In Maximov v OJSC Novolipetsky Metallurgichesky Kombinat[1] the Claimant had applied for enforcement of an award made by the International Commercial Arbitration Court of the Chamber of … Continue Reading

Hong Kong Permits Third Party Funding of Arbitration

By Hanna Roos and Kavan Bakhda Hong Kong approved last week the awaited Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 to permit third party funding of arbitration, as well as supporting court, emergency arbitration and mediation proceedings. The Hong Kong Legislative Council adopted the draft bill in the form of amendments made … Continue Reading

Latest Ransomware Attack: Is Your Arbitration Cyber-ready?

By Sophie Lamb and Samuel Pape The latest global ‘WannaCry’ attack has again brought to the fore the need for sovereign and private parties to have in place adequate cyber-security measures and response plans to deal with cyber-attacks, including in the context of international arbitration.  As attackers are becoming increasingly resourceful in their ability to … Continue Reading

ICSID Tribunal Upholds a State’s Right to Investigate Criminality in Arbitral Proceedings

By Charles Rae An ICSID tribunal has unanimously rejected a claimant’s attempt to temporarily suspend a State-initiated criminal investigation involving two of its witnesses. In Italba Corporation v Uruguay[1] Italba Corporation (Italba) had applied to the tribunal for provisional measures enjoining Uruguay from proceeding with its investigation until after completion of the arbitration, arguing that … Continue Reading

Case of Insecurity? Supreme Court Explains the Limits to Orders for Security when Resisting Enforcement of a Foreign Award Under the New York Convention.

By Philip Clifford and Robert Price On 1 March 2017 the Supreme Court[1] 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 enforcement of a Nigerian arbitral award made in favour of IPCO (Nigeria) Limited … Continue Reading

Singapore to Permit Third Party Funding of International Arbitration

By Sophie Lamb, Hanna Roos and Kavan Bakhda The Singapore Parliament passed on Tuesday a bill to allow third party funding of international commercial arbitration proceedings seated in Singapore. The bill, known as the Civil Law (Amendment) Bill – Third Party Funding for Arbitration and Related Proceedings, reverses a prior ban on third party funding … Continue Reading

Cyber Security Issues in Arbitration

By Jennifer Archie and Hanna Roos  Cyber security breaches are now an everyday reality permeating all aspects of business and private life, including the world of international commercial and investment treaty arbitration. These breaches can relate to the subject matter of the dispute, communications between parties and their counsel or between tribunal members, or the … Continue Reading

Brexit: New Arbitration Alternatives for Financial Disputes

By Sophie Lamb and Samuel Pape Recent innovations at a number of arbitral institutions have brought into sharp focus arbitration options for post Brexit financial disputes. The English Arbitration Act is in its 20th year. It provides a tried-and-tested framework for international arbitration. Brexit will not affect that framework. Brexit should have no impact on London’s … Continue Reading

Commercial or Consular? State Immunity Frustrates Enforcement of Arbitral Award

By Catriona E. Paterson In its recent decision in L R Avionics Technologies Limited v. The Federal Republic of Nigeria & Attorney General of the Federation of Nigeria[1], the Commercial Court found that that premises owned by Nigeria were not “in use […] for commercial purposes” within the meaning of section 13(4) of the State Immunity … Continue Reading

We Come as Friends! – Amicus Briefs in Investor-State Arbitration

By Jonathan Hew Investor-state arbitrations frequently raise issues of public importance that parties other than those to proceedings, such as NGOs, may want to address. “Amicus briefs” afford them a limited opportunity to do so, as demonstrated in Infinito Gold v Costa Rica.[1] Amicus briefs Provisions on amicus briefs can be found in certain arbitral … Continue Reading

Avoiding Defective Service in Arbitration

By Robert Price 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 enforcement due to defective service. In Sino Channel Asia Ltd v Dana Shipping and Trading PTE Singapore … Continue Reading

Court Refuses to Grant Declaratory Relief in an Arbitration

By Daniel Harrison A recent Commercial Court case emphasises the limitations on court intervention in arbitration, and demonstrates that parties must think carefully about when and how to raise jurisdictional issues. In HC Trading Malta Ltd v Tradeland Commodities SL[1] the Commercial Court held that it would be wrong in principle for a court to … Continue Reading

Arbitration and the Courts – A Question of Balance

By Jonathan Hew Lord Thomas has delivered a speech calling for the relationship between arbitration and the courts in England and Wales to be rebalanced. This has elicited strong responses from prominent members of the arbitration community, including Lord Saville and Sir Bernard Eder. The Judges’ Arguments Lord Thomas emphasised that publicly-debated court decisions are … Continue Reading

An Oily Situation: Separability, Public Policy and Arbitral Awards

By Jonathan Hew A recent High Court judgment has highlighted the importance of carefully drafting arbitration agreements and the difficulties of challenging arbitral awards on public policy grounds. In National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor [2016] EWHC 510 (Comm), Mr Justice Burton commented on the following aspects of arbitration … Continue Reading

Beware the “Non-Exclusive” Arbitration Clause

By Daniel Harrison “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but uncertainties about their effect still remain. Ultimately, parties would be well-advised to avoid “non-exclusive” arbitration clauses and opt for … Continue Reading

Difficulties for Witnesses or Strong Connection with Another Jurisdiction Not Grounds for Resisting Arbitration Agreement

By Daniel Harrison In circumstances where the parties have already chosen arbitration as a means of settling disputes, the English courts will give short shrift to arguments focused on practical difficulties in providing witness evidence or on a strong connection between the claim and another jurisdiction. The facts In Hanaro Shipping Co Ltd v Cofftea … Continue Reading

ICC Administrative Decisions to Provide Greater Transparency and Efficiency

By Jonathan Hew On 5 January 2016, the International Chamber of Commerce International Court of Arbitration (ICC) announced two decisions aimed at enhancing the efficiency and transparency of its arbitration proceedings: 1. Court to publish certain details of arbitrators sitting in ICC cases. These details will be posted on the Court’s website and will comprise … Continue Reading

Why is it important to choose the right seat of the arbitration?

By Robert Price Selecting the right seat for an arbitration is critical. The courts at the seat of the arbitration can affect the arbitral process in a number of ways, including the following Support or intervention Jurisdictions which are pro-arbitration generally allow the parties a high degree of procedural autonomy. For example, if the courts … Continue Reading
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