In the recent case of Manek and others v IIFL Wealth (UK) Ltd and others [2021] EWCA Civ 625 (available here) the English Court of Appeal rejected a challenge to the jurisdiction of the English Commercial Court made on the basis that (amongst other issues) the claims fell within an arbitration clause. The Court of … Read more

In MISC Berhad v Cockett Marine Oil (Asia) Pte Ltd (Admiralty in Personam No. WA-27NCC-46-05/2020), the Malaysian High Court issued an anti-arbitration injunction to halt a London-seated arbitration on the grounds that the arbitration proceedings were in breach of an exclusive jurisdiction clause in favour of the Malaysian courts. The decision confirms the power of … Read more

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

The judgment of the Abu Dhabi Court of Cassation impacts the applicability of the principle of freedom of contract and provides lessons to contracting parties who are subject to an arbitration agreement and who may wish to challenge any judicial proceedings relating to a contractual dispute. We consider this judgment and its impact below. 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 a unanimous decision (accessible here), the Full Federal Court of Australia has allowed (on a limited basis as explained below) an appeal by the Kingdom of Spain of the Federal Court decision in Eiser Infrastructure Limited v Kingdom of Spain [2020] FCA 157 (Eiser). The decision at first instance had allowed the recognition and … 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

In a landmark judgment issued on 27 October 2020, Egypt’s Court of Cassation (the “Court”) upheld a decision of the Cairo Court of Appeal refusing to set aside an award issued by the Cairo Regional Center for International Commercial Arbitration (“CRCICA”). Read more