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Tag Archives: arbitration

Enforcement of an Award Adjourned Against a Non-Party to an Arbitration Agreement

Parties should avoid uncertainties by stipulating the applicable law to the arbitration agreement. By Eleanor M. Scogings and Robert Price The decision in J (Lebanon) v. K (Kuwait)[i] provides a useful analysis of which law (i.e., the law of the arbitration agreement or the law of the seat) governs the issue of whether a non-party … Continue Reading

Sections 68 and 69 of the Arbitration Act 1996 Have Bite!

A rare example of the English High Court varying an arbitral award. By Oliver E. Browne and Eleanor M. Scogings In Dakshu Patel v. Kesha Patel [2019] EWHC 298 (Ch), the English High Court upheld an appeal under section 69 of the Arbitration Act 1996 (the Act) against an arbitral award. The court concluded that … Continue Reading

English High Court: Public Interest Outweighed Confidentiality of Arbitration

Non-parties are entitled to obtain documents related to an arbitration if the case falls within the “interests of justice” exception. By Eleanor M. Scogings In The Chartered Institute of Arbitrators v B, C and D,[1] the English High Court granted the Chartered Institute of Arbitrators (Institute) access to documents related to an arbitration for use … Continue Reading

Chinese Court Takes Pro-Arbitration Approach to Validity of International Arbitration Agreement

Parties must draft arbitration agreements with Chinese parties clearly and precisely to ensure validity and avoid unwanted litigation. By Oliver E. Browne and Isuru Devendra A Beijing court recently adopted a pro-arbitration approach in upholding the validity of an arbitration agreement designating a non-existent arbitral institution. While the decision reflects the increasingly pro-arbitration attitude of … Continue Reading

Arbitration Without an Express Arbitration Clause

Arbitral tribunal had jurisdiction despite the lack of an express arbitration clause. By Eleanor M. Scogings and Robert Price In Sonact Group Limited v Premuda Spa [2018] EWHC 3820, the English High Court confirmed that an arbitral tribunal had jurisdiction over a dispute arising from an informal settlement agreement — despite the fact that the … Continue Reading

Service of Proceedings on a Foreign State Is Mandatory

An arbitration award cannot be enforced in England against a foreign State without serving the proceedings on that State through the diplomatic channels. By Robert Price In General Dynamics UK Ltd v Libya [2019] EWHC 64 (Comm), Males LJ, sitting in the Commercial Court, set aside parts of an order granting permission to enforce an … Continue Reading

English Court of Appeal Upholds an Extension of Time to Commence Arbitration

The Court allows an application to extend time for bringing arbitration proceedings under section 12(3) of the Arbitration Act 1996. By Robert Price and Eleanor Scogings In the recent case of Haven Insurance Company Limited v EUI Limited (T/A Elephant Insurance)[i], the English Court of Appeal dismissed an appeal against a High Court decision granting … Continue Reading

English Court Issues Anti-Arbitration Injunction Restraining Lebanese Arbitration Proceedings

Judgment clarifies the exceptional circumstances in which anti-arbitration injunctions against foreign-seated arbitrations might be granted. By Oliver E. Browne and Robert Price In Sabbagh v Khoury, Justice Knowles in the High Court issued an anti-arbitration injunction to restrain arbitration proceedings commenced in Lebanon on the basis that, contrary to the Lebanese arbitral tribunal’s findings, the … Continue Reading

English Court Cannot Issue Anti-Suit Injunctions Restraining Other EU Court Proceedings

Judgement clarifies that the Brussels Recast Regulation does not reverse the West Tankers decision. By Oliver E. Browne and Robert Price In Nori Holdings v Bank Otkritie, Justice Males in the High Court issued an anti-suit injunction to restrain court proceedings commenced in Russia in breach of an arbitration clause, but refused to issue an … Continue Reading

English Court Provides Welcome Clarification on Key Arbitral Award Issues

The decision confirms that UNCITRAL Rules do not impose a higher procedural fairness burden than the Arbitration Act and that the foreign act of state doctrine applies in arbitrations. By Oliver E. Browne The Commercial Court considered various challenges to an arbitral award under the Arbitration Act 1996 (the Act) in Reliance Industries Ltd and … Continue Reading

English Court of Appeal Re-Affirms Pro-Enforcement Stance Toward Foreign Arbitral Awards

Decision encourages a deferential approach to enforcing foreign awards in England and confirms narrow interpretation of the public policy exception under the New York Convention. By Oliver E. Browne and Samuel Pape The English Court of Appeal has confirmed the enforcement of a China International Economic and Trade Arbitration Commission (CIETAC) award rendered in Beijing, … Continue Reading

Court Rules that Arbitrators Must Disclose Related or Overlapping Appointments

Arbitrators should disclose subsequent appointments to related arbitration proceedings, particularly if cases materially overlap. By Oliver E. Browne and Robert Price In the Halliburton v Chubb ruling, the Court of Appeal held that an arbitrator who did not disclose subsequent appointments to related arbitration proceedings should have disclosed those subsequent appointments both as a matter … Continue Reading

Parties Must Take Care to Avoid Risk of Defective Service in Arbitration

By Robert Price and Eleanor Scogings 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 court setting aside an award on the grounds that service was defective and that the … Continue Reading

ICC Court Clarifies Summary Dismissal Procedure in Arbitration

By Charles Rae In a revised practice note, the ICC Court of Arbitration has provided guidance on the procedure for determining applications for summary dismissal of unmeritorious claims and defences in arbitrations conducted under the ICC Rules. The revisions are important because the ICC Rules do not otherwise contain a process for dismissing claims or … Continue Reading

High Court Ruling Helps Protect Confidentiality of Arbitral Awards

By Daniel Harrison The High Court recently held that a party was not free to disclose an arbitral award even though that award had already entered the public domain. Notably, the ruling may have significant implications for parties considering whether or not to resolve disputes through arbitration. Background: UMS Holdings Limited v Great Station Properties … Continue Reading

No Serious Irregularity in Arbitral Award for Failure to Take Account of Evidence

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

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
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