In NDK Ltd v HUO Holding (No 2) [2022] EWHC 2580 (Comm), the English Commercial Court dismissed NDK’s section 67 challenge brought against an LCIA award, finding that a proposed shareholder was covered by the arbitration clause in the shareholders agreement. The case stems from the same dispute as NDK’s previous s. 67 challenge (covered … Read more

HSF Partner Simon Chapman KC, Senior Associate Charlie Morgan, Associate Olga Dementyeva and Trainee Solicitor Dan Huang have recently written an article for LexisPSL on the English Court’s decision in Soleymani v Nifty Gateway LLC (“Nifty”) (The Competition and Markets Authority intervening) [2022] EWCA Civ 1297. Read more

Today, the Law Commission published its first consultation paper as part of its review of the Arbitration Act 1996 (the “Act“). The stated aim of the review has been to ensure that the Act remains “best in class”: an approach based upon fine-tuning, rather than root and branch reform. Nonetheless, the consultation paper proposes some … Read more

In Union of India v Reliance Industries Ltd and another [2022] EWHC 1407 (Comm), the Union of India (the “Government”) challenged an award under ss.68 and 69 of the Arbitration Act 1996 (“Act”). In the award, the Tribunal had found that, as a matter of English law, the Government was precluded from relying on matters … Read more

HSF’s Paris office will be hosting the LCIA European Users’ Council Breakfast Seminar – The Arbitration Act 1996 Review – on Tuesday 14 June 2022 at 8:30am (CEST). The Law Commission of England and Wales is in the process of conducting a review of the Arbitration Act 1996 to assess what recommendations (if any) should … Read more

In Ducat Maritime Ltd v Lavender Shipmanagement Inc [2022] EWHC 766 (Comm), the English High Court set aside part of an award under section 68(2)(a) of the Arbitration Act 1996 on the grounds that an ‘obvious accounting mistake’ by an arbitrator had breached the duty of fairness under section 33 of the Arbitration Act 1996. … Read more

The UK Government has introduced a new statutory scheme under the Commercial Rent (Coronavirus) Act 2022 (the 2022 Act) for the resolution of disputes between landlords and tenants in relation to rent arrears accrued during the pandemic. The background to the scheme and when it may be used is discussed in our earlier blog here. … Read more

Kei (a protected party by his litigation friend) v Hua She Asset Management (Shanghai) Company Ltd [2022] EWHC 662 (Comm), before Miss Julia Dias QC (sitting as a Deputy High Court Judge in the Commercial Court). The English High Court restated the principles applicable to a section 103 application under the Arbitration Act 1996 (the … Read more