The Law Commission’s Second Consultation Paper – an evolving approach

This week the Law Commission published a second Consultation Paper as part of its review of the English Arbitration Act (the Act). The Paper raises three issues for consultation: (1) how the proper law of the arbitration agreement should be determined under English law; (2) the procedure for jurisdictional challenges before the English court under … Read more

ENGLISH COURT AGREES WITH TRIBUNAL: RELYING ON A SUBMISSION LATER THAT COULD HAVE BEEN RAISED EARLIER IN THE ARBITRATION WOULD BE AN ABUSE OF PROCESS

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

WHICH COVID-19 COMMERCIAL RENT DISPUTE BODY SHOULD I USE? KEY TERMS COMPARED

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