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Tag Archives: High Court

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

Reserving Privilege for the Few: The High Court Confirms the Narrow Interpretation of “Client” for the Purposes of Legal Advice Privilege

By Oliver Browne and Daniel Smith Following Three Rivers (No 5) [2003] EWCA Civ 474, the High Court has held that notes of interviews of employees, prepared as part of certain internal investigations by a bank’s solicitors, for the purpose of enabling the bank to seek and receive legal advice are not protected by legal … 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

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

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

High Court Flexes its Muscles in Support of LCIA Arbitration

By Daniel Harrison The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a freezing order against a party which started foreign court proceedings despite an arbitration agreement.  This judgment emphasises the English courts’ desire to uphold and protect arbitration agreements … Continue Reading
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