Tag Archives: England and Wales

English Court identifies “weaknesses” in the 2014 IBA Guidelines on Conflicts of Interest when considering challenge of an Award for apparent bias

In the case of W Limited v M SDN BHD [2016] EWHC 422 (Comm) the Claimant, W Limited, sought to challenge two awards in the English Court for serious irregularity under s68(2) of the Arbitration Act 1996. The challenge was … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Arbitrators, Challenges to awards, Europe

Video post: State immunity and waiver of immunity issues in English law

Andrew Cannon, Partner in our International Arbitration and Public International Law practices has posted a short video on our Public International Law Notes blog on "State immunity and waiver of immunity issues in English law".  Andrew discusses the restrictive doctrine … Continue reading

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Filed under Jurisdiction, Public International Law, Sovereign Immunity, Video

English Court finds no jurisdiction to grant freezing orders against non-party foreign subsidiaries of the award debtor in English-seated arbitration

The Commercial Court has held that it has no jurisdiction to make a freezing order to aid the enforcement of a London-seated arbitration award against subsidiaries of the award debtor who have no presence or assets within the jurisdiction, who … Continue reading

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Filed under Awards, Enforcement, Europe

Lorand Shipping v Davof Trading (Africa) B.V. (MV “Ocean Glory”): when a “creative solution” on the part of the tribunal becomes a serious irregularity leading to substantial injustice

In a rare example of a successful application under section 68 of the English Arbitration Act 1996 (the “Act”), the English Commercial Court has granted an order setting aside part of a final award and remitted the matter to the … Continue reading

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Filed under Awards, Challenges to awards, Europe

A breakthrough for Financial Services Arbitration?

Nicholas Peacock, Dominic Kennelly and Emily Blanshard consider the arbitral award and judgment of the English High Court in Travis Coal Restructured Holdings LLC v Essar Global Fund Ltd – which suggest that summary procedures may be available to tribunals … Continue reading

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Filed under Challenges to awards, Enforcement, Europe, New York Convention

English Court finds that it is “just and convenient” to grant a worldwide freezing order in support of London-seated arbitration even where all assets are outside England

In a further decision in the case of U & M Mining Zambia Ltd v Konkola Copper Mines PLC [2014] All ER (D) 136 (Oct), the English Commercial Court granted U&M Mining Zambia Ltd (“U&M”)’s application to continue a Worldwide … Continue reading

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Filed under Awards, Enforcement, Europe

Thwarting attempts to avoid execution: English Court orders appointment of receivers over foreign assets to assist enforcement of a London award

In a judgment handed down on 2 October 2014 in Cruz City 1 Mauritius Holdings v Unitech Limited & Ors, the English High Court made an order under s37 of the Senior Courts Act 1981 for the appointment of receivers … Continue reading

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Filed under Awards, Enforcement - Europe, Europe

A unique interactive convention: Shaping the Future of International Dispute Resolution

A convention being held next month at the Guildhall, London, on Shaping the Future of International Dispute Resolution will bring together an extensive cross-section of ADR and arbitration service providers, corporate users and thought leaders to discuss the future direction of … Continue reading

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Filed under ADR, Europe, News

English Commercial Court rejects challenge to “conditional” award

In the latest decision relating to the arbitration between U&M Mining Zambia Ltd (“U&M”) and Konkola Copper Mines plc (“KCM”), the Commercial Court in London rejected challenges to an award made under s67 and s68 of the Arbitration Act 1996 … Continue reading

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Filed under Challenges to awards, Enforcement, Europe, New York Convention

“A Delicate Matter”: English Court considers enforcement of awards set aside by the courts of the seat and ability to claim post-award interest in those circumstances

In the case of Yukos Capital SARL v OJSC Rosneft Oil Company [2014] EWHC 2188 (Comm) the English Court considered two preliminary issues relating to the long-running dispute between Yukos Capital SARL (“Yukos Capital”) and OJSC Rosneft Oil Co. (“Rosneft”). … Continue reading

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Filed under Enforcement, Enforcement - Europe, Europe, New York Convention