English courts Archives - Page 3 of 3 - Kluwer Arbitration Blog

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

English Court Denies Application to Enforce Russian Arbitral Award Set Aside by Russian Courts

Jonathan Kelly, Adam Grant, Marina Zarubin (Cleary Gottlieb Steen & Hamilton LLP)/October 9, 2017February 11, 2019 /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

P v Q: A Principled Approach to Disclosure from Arbitrators?

Michael McErlaine (Herbert Smith Freehills LLP)/June 9, 2017June 8, 2017 /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

Antitrust Arbitration in Europe (Part II): The Scope and Effect of Arbitration Clauses (Microsoft Case)

Patricia Živković (University of Aberdeen)/June 3, 2017June 3, 2017 /Leave a comment

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

Have the Singapore Courts Faltered in the Enforcement of Arbitration Agreements?

Darius Chan (Norton Rose Fulbright)/March 30, 2017March 24, 2017 /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…