By Oliver Browne, Daniel Harrison, and Eleanor Scogings The English High Court recently dismissed a challenge to an arbitral award, holding that the tribunal’s alleged failure to take account of evidence did not amount to a serious irregularity under section 68 of the Arbitration Act 1996 (the Act).[i] The Challenge Under Section 68 (Serious Irregularity) … Continue Reading
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
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
