HIGH COURT CONSIDERS TWO S69 APPEALS ON QUESTION OF LAW WITH ONE APPEAL SUCCESSFUL

In the recent decision of Navision Shipping A/S v Precious Pearls Ltd and Conti Lines Shipping NV v Navision Shipping A/S [2021] EWHC 558 (Comm), the High Court (the “Court”) considered two appeals on points of law under s69 Arbitration Act 1996 (the “Act”) by Navision Shipping A/S (the “Navision Appeal”) and Conti Lines Shipping … Read more

ENGLISH COURT APPLIES THE PRINCIPLES OF HALLIBURTON ON ARBITRATOR BIAS AND THE CONFIDENTIALITY OF ARBITRATION CLAIMS

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

HSF CONTRIBUTES UK ARBITRATION CHAPTER TO LEXOLOGY’S GETTING THE DEAL THROUGH

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

ENGLISH HIGH COURT STAYS COURT PROCEEDINGS IN FAVOUR OF ARBITRATION AND INTERPRETS CONFLICTING DISPUTE RESOLUTION PROVISIONS

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

AWARD ENFORCEMENT ORDERS FROM THE ENGLISH COURTS: DISPUTED FACTUAL ISSUES

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