English Law

Arbitration Act 1996, English Arbitration Act, English courts, English Law, Governing Law, Uncategorized

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

The English Arbitration Bill, introduced to UK Parliament in November 2023, aimed to ensure that the Arbitration Act 1996 remained fit for purpose and maintained England’s status as a leading destination for commercial arbitration. However, the bill was lost when the 2024 UK general election was called. In July 2024 the new government reintroduced the…

Arbitration Act, Arbitration Act 1996, Confidentiality, Confidentiality and Transparency, English courts, English Law

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The confidentiality of arbitrations seated in England is long-established in English law. In the absence of an express agreement to dispense with confidentiality, English law recognises an implied obligation on parties and arbitrators to maintain the confidentiality of the hearing, the award and other materials produced in the proceedings (Dolling-Baker v Merrett [1990] 1 WLR…

England, English Arbitration Act, English courts, English Law, Insolvency, Privy Council

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On 19 June 2024, the Privy Council issued its decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16, holding that winding up proceedings should not be automatically stayed or dismissed by the court where the disputed debt is subject to an arbitration agreement. Instead, the correct test to be applied…

English courts, English Law, Virtual hearings, Witness

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Taking witness evidence by video has long been considered acceptable practice in many jurisdictions.  The Covid-19 pandemic of recent years has further affirmed the acceptability and use of this method of evidence-taking in both litigation and arbitration proceedings, especially since the only alternative to a remote hearing during those years was the even less desirable…

Brazilian Arbitration Act, CAM, COVID-19, Eastern Europe, Economic Sanctions, English courts, English Law, French Law, French Supreme Court, Italy, LCIA, Nigeria, Nigeria Arbitration and Mediation Act, Revision of Award, Russia, Sanctions, UK Supreme Court, Ukraine, UNIDROIT Principles

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On 13 June 2024, Italian Arbitration Day took place in Rome. The full-day conference saw a large number of arbitration practitioners dealing with the issue of globalization and geography in the arbitration. This post offers an overview of the key takeaways from the discussion.   Introduction: The Past, Present, and Future of Globalization   After…

Apparent bias, Arbitration, Arbitration Act 1996, Arbitrator Bias, Arbitrator Challenges, Arbitrators, England, English courts, English Law, International arbitration, UK

(Peter Ashford Ltd)/ /1 Comment

In a recent judgement rendered in H1 and another v W and others [2024] EWHC 382, the English Commercial Court removed a sole arbitrator under section 24 of the English Arbitration Act 1996 (the “EEA”).  This removal was based on statements made by the arbitrator regarding the way he would treat expert witness evidence that gave rise…

Conference, ECT Modernisation, Energy Charter Treaty, England, English Arbitration Act, English courts, English Law, EU Law, Europe, European Court of Justice, LIDW 2024, UK

(Bucerius Law School), (Avizor Advocates & Arbitrators), (BonelliErede), and (Quinn Emanuel Urquhart & Sullivan)/ /Leave a comment

The role of the United Kingdom (“UK”), particularly London, and of the European Union (“EU”) in the landscape of investment arbitration has been a central topic of discussions during the London International Dispute Week 2024 (“LIDW”). This post aims to provide a non-exhaustive account of some of the events which tackled this theme. On the…

Enforcement, English Law, UK

(A&O Shearman)/ /Leave a comment

On 14 April 2024, the English Commercial Court granted Crescent Gas Corporation Limited (“CGC”) ownership of a London property to assist it (partially) to recover a USD 2.6 billion judgment debt owed by the National Iranian Oil Company (“NIOC”).  This post explores the court’s decision and key takeaways for practitioners particularly regarding enforcement strategies.  …

Emergency Arbitrator, English Arbitration Act, English Law

(Khan Saifur Rahman & Associates)/ /Leave a comment

Following the recommendations of the Law Commission of the UK (here, here and here), the English Arbitration Act 1996 (EAA) is presently undergoing a substantial reform phase after nearly 27 years. The Arbitration Bill is now before the House of Lords. As appears from the Arbitration Bill and the Commission’s recommendations, the English arbitration law…

Arbitration Act 1996, Assignment, English Law

, (Gaillard Banifatemi Shelbaya Disputes)/ /Leave a comment

Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. These issues are often less simple than they would first appear, especially in cases involving the interaction of multiple legal systems, complex financing arrangements, insurance or insolvency. On 12 January 2024, the English Court…

Cross-examination, England, English courts, English Law, UK, UK Supreme Court

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

The UK Supreme Court (“UKSC”) in Tui UK Ltd v. Griffiths [2023] UKSC 48 recently considered the question whether a party must challenge a witness and expert evidence in cross-examination if it wants to have that evidence discredited or disregarded.  The Supreme Court affirmed the rule in Browne v Dunn that a party must “put”…

England, English Arbitration Act, English courts, English Law

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The UK Supreme Court (‘UKSC’) addressed the meaning of ‘matter’ in Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (‘NYC’) in its judgment of 20 September 2023 in Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) [2023] UKSC 32 (‘Mozambique v Privinvest’). This post examines the…

Anti-suit injunction, English Law

, (Quinn Emanuel Urquhart & Sullivan LLP)/ /Leave a comment

Anti-suit injunctions (ASIs) are orders which a court or arbitral tribunal may issue to restrain a party from commencing or continuing a proceeding in another jurisdiction. Several recent decisions have considered whether English courts should grant ASIs pursuant to section 37(1) of the Senior Courts Act 1981 and/or section 44 of the Arbitration Act 1996…

English Law, Germany, SchiedsVZ, Switzerland

(CMS Hasche Sigle) and (GE Power Conversion)/ /Leave a comment

Large cases with detailed, extensive submissions and hundreds, if not thousands, of annexes, often lead to a degree of complexity that is hardly digestible. The handling of such cases, most prominently of delay and disruption claims, therefore poses a challenge to practitioners, experts and arbitrators. Common law jurisdictions have developed a specific way to deal…

Enforcement, England, English courts, English Law

, (Quinn Emanuel Urquhart & Sullivan UK LLP)/ /Leave a comment

Securing a favourable arbitral award is not trivial. It involves a lot of work, a wait of, potentially, several years and the expense of the arbitral process. After all this, when a favourable award has, hopefully, been obtained, the last thing any client wants is to enter into yet another fight to enforce the award….

Arbitration Agreements, English Law, French Law, Governing Law, Singapore, Vietnam

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The inaugural Vietnam ADR Week (“VAW”) took place in Ho Chi Minh City from 9 to 12 May 2023. As a sponsor of VAW, Vietnamese law firm, YKVN, organized a discussion panel on 10 May 2023 on a comparative analysis of the approaches taken by various national courts towards the governing law of the arbitration…

Arbitration Agreements, English Law, French Law, Separability, Singapore, Vietnam

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The inaugural Vietnam ADR Week (“VAW”) took place in Ho Chi Minh City from 9 to 12 May 2023. As a sponsor of VAW, Vietnamese law firm YKVN organized a discussion panel on 10 May 2023 on a comparison of the interplay of the separability doctrine and questions relating to formation and validity of arbitration…

English Arbitration Act, English Law, LIDW 2023, London

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This post summarizes two events held as part of Day 3 of the 2023 London International Dispute Week (“LIDW”). First, the panel “Developments in the Arbitration Law of England & Wales: Impact on Arbitration Globally and London’s Place in the World” organized by Debevoise & Plimpton. Second, the joint special event organized by the School…

England, English Arbitration Act, English courts, English Law, LIDW 2023, Reform

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London International Disputes Week 2023 (“LIDW 2023”) kicked off on 15 May 2023. This year’s theme explores how the disputes community, is and should be, adapting to a changing world. The first day – International Arbitration Day (hosted by Mayer Brown, Allen & Overy, and Herbert Smith Freehills) – followed the “arbitration disputes sun” across…

Construction, Construction arbitration, English courts, English Law, LIDW2022

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On the fourth day of the LIDW22, the session on “Changes in construction and infrastructure disputes: 2022 and beyond” looked at how construction contractors and employers have found ways to either avoid liability or impose extended liability on their counterparties. It also examined how English law has responded to these new developments. The conference was…

Admissibility, English courts, English Law, Jurisdiction, Pre-arbitral procedure, UK

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Arbitration agreements often provide that certain procedural steps must be undertaken before arbitration is commenced, such as mediation or negotiation. This provides a ‘cooling-off period’ in which the parties can seek to resolve their dispute amicably before resorting to formal proceedings. When a party fails to satisfy a pre-arbitration procedural step and launches prematurely into…

BVI, English Law, Interpretation of Contracts, Uncategorized

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How do English and BVI courts address inconsistencies in arbitration clauses? The English Court of Appeal decision in AdActive Media Inc v Ingrouille [2021] EWCA Civ 313 demonstrates that English courts will make every effort to honour the express terms of a contract. In AdActive, the Court of Appeal examined three apparently inconsistent dispute resolution…

Arbitration Act 1996, England, English Arbitration Act, English Law, Uncategorized

, (King & Spalding)/ /Leave a comment

In Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd [2021] EWHC 1094 (Comm), the High Court considered the interplay between sections 32 and 72 of the Arbitration Act 1996 (the Act) and provided a rare indication of how the courts will consider section 32 applications, identifying when section 32 will…

English courts, English Law, London, UK, Witness Statement

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This post considers Practice Direction 57AC (“PD57AC”), which changes the approach to witness evidence in the English Courts, and its potential impact on London-seated arbitration.   The New Approach to Witness Statements in English Litigation On 6 April 2021, the English Business and Property Courts marked a significant change in the approach that lawyers, and…