Tag Archives: Craig Tevendale

The LCIA updates its guidance on the use of Tribunal Secretaries

The role of tribunal secretaries in arbitration is an important subject which generates a range of different views, often expressed in strong terms.  On 26 October 2017 the LCIA published its updated Notes for Arbitrators (the Notes). The update (contained … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Europe, Institutions

ICC publishes note on early dismissal of manifestly unmeritorious claims or defences

On 30 October 2017, the International Chamber of Commerce (“ICC“) published guidance designed to provide greater clarity on the scope for “immediate dismissal of manifestly unmeritorious claims or defences” under Article 22 of the 2017 ICC Rules (the “Rules“). The … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Europe, Institutions, News, Procedures in arbitration

Parallel court and arbitration proceedings: English High Court grapples with further case management issues in Panama Canal dispute, clarifying that service of a defence pending appeal on refusal to grant a stay will not constitute “a step towards answering the substantive claim”

In our previous blog post on Autoridad del Canal de Panama v Sacyr, S.A. & Ors, we considered a failed application to stay English court proceedings brought in a dispute in which related ICC arbitration proceedings are also on foot. … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Europe, Stays

English High Court refuses stay of proceedings despite possible overlap with issues subjected to parallel ICC arbitration proceedings.

A consortium of construction companies (the Consortium) was unsuccessful in obtaining a stay of court proceedings pending before the English High Court (the Court), even though parallel related ICC arbitration proceedings are ongoing. The Court rejected the application for a … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Europe, Jurisdiction, Stays

2016 ICC Dispute Resolution Statistics: Record Year for the ICC

The ICC has recently published its full statistical report: the 2016 ICC Dispute Resolution Statistics. This Report demonstrates yet another impressive year of growth for the ICC. In particular, the ICC announced that 966 new cases were filed in 2016. … Continue reading

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Filed under Institutions, News

English Court considers unilateral communications between arbitrator and party and anonymisation of judgments related to an arbitration

In a recent challenge to an award made under s68 of the English Arbitration Act 1996, in Symbion Power LLC v Venco Imtiaz Construction Company the English Court considered the issue of unilateral communications between a party-appointed arbitrator and its … Continue reading

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Filed under Arbitration proceedings, Arbitrators, Challenges to awards, Confidentiality

High Court confirms UNCITRAL Tribunal Award on jurisdiction

The High Court has confirmed an UNCITRAL Tribunal's Award on Jurisdiction, which rejected jurisdiction under an investment contract (Contract) and the 1994 Kazakh Law on Foreign Investment (FIL). The Court placed particular emphasis on expert evidence of the principles of … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Investment Arbitration, Jurisdiction

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

The English High Court extends an anti-suit injunction against proceedings brought in breach of an arbitration agreement

In the latest chapter of a long-running dispute (John Forster Emmott v Michael Wilson & Partners [2016] EWHC 3010 (Comm)), different aspects of which have been considered by various jurisdictions around the world for over ten years, the English High … Continue reading

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Filed under Arbitration clauses, Arbitration proceedings, Court intervention, Interim relief

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