In early February 2020, the Judiciary of England and Wales published the Commercial Court Users’ Group Meeting Report – November 2019 (“2019 Report”). The 2019 Report provides information and statistics relating to challenges to arbitral awards on the grounds of serious procedural irregularity under s68 and appeals on a point of law under s69 Arbitration … Read more
In the recent case of MPB v LGK [2020] EWHC 90 (TCC), handed down on 23 January 2020, the High Court dismissed an application to set aside an arbitration award on jurisdiction pursuant to section 67 of the Arbitration Act 1996 (the “Act”). In a suite of contractual documents incorporated into the parties’ agreement, the … Read more
In Rabbi Moshe Avram Dadoun v Yitzchok Biton [2019] EWHC 3441 (Ch), the High Court dismissed an appeal against an arbitral award (the “Award”) of the Beth Din of the Federation of Synagogues in London (the “Beth Din”) under s68 of the Arbitration Act (the “Act”). While there were unilateral and undisclosed communications between a … Read more
In Mobile Telecommunications Co KSC v HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud and others [2019] EWHC 3109 (Comm), the English Commercial Court (the Court) considered the scope of an arbitral tribunal’s powers to correct an arbitral award under Article 27.1 of the LCIA Rules 1998. Read more
In the recent decision of Quiana Navigation SA v Pacific Gulf Shipping (Singapore) Pte Ltd (“The Caravos Liberty”) [2019] EWHC 3171 (Comm), available here, the English Commercial Court dismissed an appeal on a point of law in an arbitral award under s69 of the Arbitration Act 1996 (the “Act“). The partial final award which was … Read more
In Hiscox Dedicated Corporate Member v Weyerhaeuser Co [2019] EWHC 2671 (Comm), the High Court (the English Court) continued an anti-suit injunction against the defendant (Weyerhaeuser), having been satisfied to a high degree of probability that the parties had agreed to submit their dispute to London arbitration. The central question was one of contractual interpretation: … Read more
The English High Court (the “Court“) has refused to order costs to a claimant who successfully enforced an arbitration award, because the claimant did not satisfy its duty of full and frank disclosure when making a without notice enforcement application to the Court. In Leidos Inc v The Hellenic Republic [2019] EWHC 2738 (Comm), the … Read more
The English High Court (the “Court“) has refused to enforce an unchallenged arbitral award because doing so would not be in the interests of justice. In the recent case of David Sterling v Miriam Rand and Morris Rand [2019] EWHC 2560 (Ch), the Court was asked to enforce an arbitral award of the London Beth … Read more
In BSG Resources Ltd v Vale SA and others [2019] EWHC 2456 (Comm), the English Commercial Court (the Court) considered five applications concerning an arbitration award dated 4 April 2019 (the Award) which had resulted in an order of the English court for BSGR to pay damages of US$1.247 billion to Vale (the Enforcement Order). … Read more
