English courts

Arbitration, Arbitration Awards, Brussels Regulation, Enforcement, English courts, English Law, European Law, New York Convention

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The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 27 September 1968 was superseded by Council Regulation (EC) 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. The latter was subsequently repealed by Regulation (EU) 1215/2012 of the…

Enforcement, Enforcement of an arbitration clause, England, English courts

, , (Cleary Gottlieb Steen & Hamilton LLP)/ /1 Comment

A recent decision by the English Court shows once again the very high bar that a claimant must reach to enforce an award that had been set aside by the court at the seat of jurisdiction. The judgment handed down in Maximov v OJSC Novolipetsky Metallurgichesky Kombinat [2017] EWHC 1911 (Comm) on 27 July 2017…

Arbitrator Challenges, arbitrators’ conduct, Deliberations, Disclosure, English courts, Secretary of the Arbitral Tribunal, Tribunal Secretary, Tribunal's assistant

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

The English High Court has reinforced its pro-arbitration stance in two recent judgments in the case of P v Q [2017] EWHC 148 (Comm.) and [2017] EWHC 194 (Comm.). Much attention has been devoted to the failed application under section 24 of the English Arbitration Act 1996 (the “Act”) to remove the arbitral tribunal on…

Antitrust arbitration, Arbitration, Arbitration Agreements, Arbitration Proceedings, Competition Law, Enforcement, England, English Arbitration Act, English courts, English Law, European Law, European Union, International arbitration

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My previous blog post on this topic dealt with two issues stemming from the juxtaposition between the current arbitration legal framework and necessary due process requirements which are specifically developed for antitrust damages proceedings: (1) the necessary regulation of complex arbitration specifically designed for antitrust damages matters, and (2) the need to address information asymmetry…

Arbitration Agreement, Arbitration clause, Arbitration institution, Arbitration Institutions and Rules, English courts, Singapore

(Norton Rose Fulbright)/ /1 Comment
YSIAC

In TMT Co Ltd v The Royal Bank of Scotland plc [2017] SGHC 21, the Singapore High Court took the view that an arbitration clause did not meet the prima facie standard to warrant a stay of court proceedings because it designated an inapplicable arbitral institution. Commentators have suggested that the decision is “surprising” and…