Tag Archives: Chris Parker

English court endorses typical use of tribunal secretary in LCIA arbitration

The English Court has rejected an arbitrator challenge under s24 of the English Arbitration Act 1996 (the Act) on the basis of alleged "over-delegation" of their duties to their secretary. The Court's decision was based on a review of the … Continue reading

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Filed under Arbitration proceedings, Arbitrators, Europe

Inside Arbitration: Issue #3 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate, the publication … Continue reading

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Filed under Publications and Guides

Video Post in “Observations on Arbitration” series: what to expect from the first procedural conference

In this short video, partner Chris Parker considers what to expect at the first procedural conference in an arbitration.  Chris outlines the matters which may be discussed and decided, and how the tribunal may approach these issues as well as … Continue reading

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Filed under Arbitration proceedings, Arbitrators, Video

English High Court has no power to grant urgent relief under Arbitration Act where urgent relief could be granted by expedited tribunal or emergency arbitrator under LCIA Rules

In the recent case of Gerald Metals SA v Timis [2016] EWHC 2327 (Ch), the English High Court considered its power to grant urgent relief under s 44(3) of the Arbitration Act 1996 ("Act") in circumstances where timely and effective … Continue reading

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Filed under Arbitration Act 1996, Arbitration rules, Emergency Arbitration, Europe, Expedited Arbitration, Interim relief, Procedures in arbitration

Guide to Dispute Resolution in Africa: 2nd edition

Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising the key dispute resolution procedures and trends in each of Africa's 54 diverse jurisdictions. Since its publication in 2013, the first edition of the Guide has … Continue reading

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Filed under Africa, Arbitration laws, Court intervention, Publications and Guides

Challenges to an LCIA award on grounds of serious irregularity and substantive jurisdiction dismissed by the English Court

In C v D [2016] EWHC 1893 (Comm), the Commercial Court (the Court) dismissed an attempt to set aside an LCIA Award.  The claimants brought challenges to a partial award on the grounds of substantive jurisdiction (s67 of the Arbitration … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Europe

“We will pay for delays” – ICC clampdown on its award scrutiny process

On 13 July 2016, the International Chamber of Commerce ("ICC") issued its revised Practice Note allowing for a reduction in ICC administrative fees of up to 20% for unjustified delays in the ICC's award scrutiny process. The revised Practice Note … Continue reading

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Filed under Awards, Costs, Institutions

Arbitral tribunal’s refusal to strike out a claim could not be challenged under s68 or s69 of the Arbitration Act 1996

In a recent decision, the Mercantile Court dismissed two appeals under s68 (procedural irregularity) and s69 (error of law) of the Arbitration Act 1996 (the "Act") which sought to challenge an arbitral tribunal's refusal to strike out a claim. The … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Europe, Procedures in arbitration, Uncategorized