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In Argos Pereira España SL and another v Athenian Marine Ltd [2021] EWHC 554 (Comm), the English High Court found that a third party who acquires the right to claim under a contract may be liable to pay equitable compensation if it fails to comply with the arbitration clause. Read more
In the recent decision of CVLC Three Carrier Corp and another company v Arab Maritime Petroleum Transport Co [2021] EWHC 551 (Comm) (available here), the English High Court allowed an appeal on a point of law under s69 of the Arbitration Act 1996 (the “Act”). The Court provided guidance on two significant issues: (i) whether … Read more
In Newcastle United Football Company Limited v The Football Association Premier League Limited [2021] EWHC 349 (Comm), the English Commercial Court dismissed an application to remove an arbitrator under s24 of the Arbitration Act 1996 (the Act). In doing so, it provided valuable insight into how the principles on arbitrator bias set out in Halliburton … Read more
Partner Craig Tevendale, Professional Support Consultant Vanessa Naish and Professional Support Lawyer Rebecca Warder have jointly authored the UK Arbitration chapter to Lexology’s Getting the Deal Through. The Chapter contains expert local insight into the jurisdiction’s arbitration law and institutions, providing essential “need to know” answers to the arbitration issues and questions facing corporations and … Read more
The English High Court has declined to set aside an arbitral award, despite the fact that the Defendant had allegedly failed to comply with certain pre-conditions to arbitration agreed in a multi-tiered dispute resolution clause. The Court said that the alleged non-compliance was a question of admissibility of the claim before the tribunal and not … Read more
In Helice Leasing S.A.S v PT Garuda Indonesia (Persero) TBK [2021] EWHC 99 (Comm), the English High Court interpreted seemingly conflicting dispute resolution provisions in an aircraft operating lease (the “Lease”). The Lease included an arbitration clause providing for “any dispute” to be resolved by the London Court of International Arbitration (“LCIA”) and gave the … Read more
Earlier this year, the English High Court handed down a judgment (A v B [2020] EWHC 952 (Comm)) delivering a stern warning to claimants who were considering the enforcement of an arbitration award which did not establish a clear “right to payment” (see our previous blog post in connection with that decision.) In brief, the … Read more
In The Federal Republic of Nigeria v. Process & Industrial Developments Limited [2020] EWHC 2379 (Comm), the English High Court (“Court”) granted the Federal Republic of Nigeria (“Nigeria”) an extension of time to bring challenges to an arbitral award of US$6.6 billion in damages and approximately US$4 billion in costs and interest (“Final Award” or … Read more
In the recent decision in The Eternal Bliss [2020] EWHC 2327 (Comm), the English High Court (the “Court”) determined a point of law regarding liquidated damages in the context of a standard form shipping contract. This followed the referral to the Court by the parties under s45 Arbitration Act 1996 (the “Act”) of two questions … Read more