Tag Archives: English Arbitration Act 1996

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

UK Supreme Court rules that no security may be ordered when challenging enforcement of arbitration awards

The UK Supreme Court has overturned a Court of Appeal decision requiring Nigerian National Petroleum Corporation ("NNPC") to provide US$ 100m in security while the case was remitted to the Commercial Court to decide on IPCO (Nigeria) Limited's ("IPCO") challenges … Continue reading

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Filed under Africa, Arbitration Act 1996, Awards, Challenges to awards, Enforcement, New York Convention

Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments

In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and clarified the principles which apply to an application under section 18 of the English Arbitration … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Arbitration proceedings, Arbitrators, Court intervention, EU, Europe, Jurisdiction

Separability and public policy: selecting law of arbitration agreement does not disapply conflicting non-mandatory provisions of English Arbitration Act 1996 and “fresh evidence…is particularly important” for challenging an Award on public policy grounds

An arbitration agreement is understood in most, but not all, jurisdictions to be a separable or distinct agreement from the contract or agreement of which it forms part.  This is confirmed in s7 of the English Arbitration Act 1996 (the … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards

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

English Court’s reminder that (i) courts will allow the arbitral process to correct itself without intervention where possible and (ii) a party seeking to set aside an Award must do so on the correct basis and in good time

In a recent judgment handed down by Eder J in the case of Union Marine Classification Services LLC v Government of the Union of Comoros, the English Commercial Court rejected a party’s application for an order setting aside and / … Continue reading

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Filed under Arbitration Act 1996, Arbitration laws, Awards, Challenges to awards

English court refuses to enforce New York Convention Award that was set aside at the seat of arbitration and that granted remedies that were not pleaded

In a judgment handed down on 19 February 2015 in the case of Malicorp Ltd v Government of the Arab Republic of Egypt and others, English Commercial Court judge Mr Justice Walker has refused to enforce a Cairo Regional Centre … Continue reading

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Filed under Arbitration Act 1996, Arbitration laws, Awards

English court removes arbitrator based on justifiable doubts as to his impartiality

In its recent judgment in Sierra Fishing Company and others v Hasan Said Farran and others [2015] EWHC 140 (Comm), the English Court granted an application to remove an arbitrator under s24 of the Arbitration Act 1996 (the “Act“), which … Continue reading

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Filed under Arbitration Act 1996, Arbitration rules

English Court construes arbitration agreement reconciling two conflicting arbitration clauses

In the recent decision Transgrain Shipping BV v Deiulemar Shipping SpA (in liq) & Eleni Shipping Ltd [2014] EWHC 4202 (Comm), the English Commercial Court refused an application under s 67 of the Arbitration Act 1996 to set aside an … Continue reading

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Filed under Arbitration clauses, Arbitrators, Challenges to awards

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