Tag Archives: Maximilian Szymanski

West Tankers principle unaffected by Recast Brussels Regulation; mandatory foreign jurisdictional rules do not encroach on scope of widely worded arbitration clause

In Nori Holdings Limited et al v PJSC Bank Okritie Financial Corporation [2018] EWHC 1343 (Comm) the English court has applied the Recast Brussels Regulation, finding that the West Tankers principle remains applicable and, as a consequence, refused to grant … Continue reading

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Filed under Arbitrability, Arbitration clauses, Arbitration proceedings, Brussels Regulation, Court intervention, Europe, Jurisdiction, Russia

Luxury superyacht arbitration relaunched following rare section 45 application to the English court

In a recent decision, Goodwood Investments Holdings Inc. v Thyssenkrupp Industrial Solutions AG [2018] EWHC 1056 (Comm), the English court has considered a section 45 request for a ruling on a preliminary point of law. Requests of this nature are … Continue reading

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Filed under Arbitration Act 1996, Court intervention, Europe

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

English court grants retroactive extension of time to enable arbitral process opportunity to “correct itself”

In a further example of the pro-arbitration exercise of pragmatism, in (1) Xstrata Coal Queensland Pty Ltd (2) Sumisho Coal Australia Pty Ltd (3) Itochu Coal Resources Australia Pty Ltd (4) ICRA OC Pty Ltd v Benxi Iron & Steel … Continue reading

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Filed under Arbitration rules, Court intervention, Uncategorized