England

Arbitration, Bias, England, English Arbitration Act, English Law

(Stewarts Law)/ /Leave a comment

Introduction The ability to select an arbitrator is widely considered one of the most valuable characteristics of international arbitration.  According to the Queen Mary University and White & Case 2015 International Arbitration Survey, selection of arbitrators was considered its fourth most important characteristic, with 38% of respondents rating it among their top three. Surely, then,…

Due process, England, English Law

(Hughes Hubbard LLP)/ /2 Comments

A few months ago, Queen Mary University of London and White & Case released their third International Arbitration Survey entitled “Improvements and Innovations in International Arbitration”.  One of the many interesting findings of this survey is the apparent growing concern of some users of arbitration with what can be termed “due process paranoia”. Due process…

England, ICC Rules, MENA, New York Convention, Public Policy, Recognition and enforcement of arbitral award, UAE

(Blanke Arbitration LLC)/ /Leave a comment

In a recent enforcement action of a foreign arbitral award rendered under the ICC Rules in London, England, the Dubai Court of Appeal questioned the United Kingdom’s proper membership of the 1958 New York Convention (on the recognition and enforcement of foreign arbitral awards) (the “NYC” or simply the “Convention”). The action was brought by…

England, English Law, Guatemala, Honduras, Latin America, Mexico, Permanent Court of Arbitration, Trans-Pacific Partnership

(20 Essex Street)/ /2 Comments

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s chambers. The legal landscape in Latin America is rapidly changing. Not only has Latin America more bilateral Trade Agreements than any other region in the world, but it…

Anti-arbitration, Arbitral Tribunal, Arbitrator Intelligence, Arbitrator's Fees, Australia, Availability of arbitrators, Best practices, Bulgaria, Counsel, Dubai, England, Expedited arbitration, Germany, ICC Arbitration, International arbitration, LCIA Arbitration, New Zealand, Singapore International Arbitration Centre, Uncategorized, UNCITRAL Arbitration Rules, Women in arbitration

(MDisputes)/ /3 Comments

Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this point, most of us are lingering poolside at the Kluwer International Arbitration Resort and Amusement Park, sipping procedural cocktails in the waning light as the children take…

Arbitrability, Criminal law and arbitration, England, English Law

(Church Court Chambers)/ /3 Comments

The recent Court of Appeal of England and Wales (“the Court”) judgment in the case of The London Steamship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and The French State [2015] EWCA Civ 333 (“the Judgment”) will make interesting reading for those concerned with the subject of arbitration. The judgment rendered covers…

Arbitral Award, Enforcement, England, English Law, Set aside an arbitral award, Set aside an international arbitral award

(University of Aberdeen)/ /2 Comments

The Main Approaches Regarding Enforcement of Annulled Foreign Awards The ongoing issue of whether an award that was set aside in the country of origin should be enforced has recently arisen in England and Wales. This issue has divided jurisdictions in two camps: the first camp is comprised of jurisdictions that are ready to enforce…

Arbitration Act, England, English Law, Set aside an arbitral award

(Herbert Smith Freehills)/ /1 Comment
Herbert Smith Freehills

An often cited advantage of arbitration, as opposed to litigation, is the finality of the process. The grounds for time-consuming and costly challenges and appeals are limited. Under the English 1996 Arbitration Act (the “Act”), parties can only challenge or appeal an arbitration award on three grounds: (i) a challenge on the grounds that the…

England, English Law, Freezing Orders, Interim Orders, Ukraine

(CAI & Lenard )/ /Leave a comment

I. General Aspects of Enforceability English Worldwide Freezing Order (“WFO”) being called by Matthias Scherer and Simone Nadelhofer one of the “nuclear weapons” of commercial litigation and arbitration, is a preliminary injunction preventing a defendant from disposing of assets pending the resolution of the underlying substantive (arbitration or court) proceedings. Its issue in support of…

Bribery, DIFC, Dubai, Enforcement, England, Meydan

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

In Honeywell v Meydan Group LLC ([2014] EWHC 1344 (TCC)) the High Court in London upheld a DIAC award against the owner of the Meydan Racecourse in Dubai, rejecting allegations that the underlying contract was procured through bribery. The decision is just one of a number of claims arising out of the construction of the…