ENGLISH COURT GRANTS INTERIM ANTI-SUIT INJUNCTION TO “HOLD THE RING”

In the recent case of VTB Bank (PJSC) v Mejlumyan [2021] EWHC 718 (Comm), the English High Court granted an interim anti-suit injunction on a without notice basis. The anti-suit injunction application arose in relation to Armenian foreign proceedings under a share pledge agreement that contained an arbitration agreement providing for London seated arbitration. The … Read more

ARBITRATION OF DIGITAL DISPUTES IN SMART CONTRACTS AND THE RELEASE OF THE DIGITAL DISPUTE RESOLUTION RULES FROM THE UK JURISDICTION TASKFORCE

On 22 April 2021 the UK Jurisdiction Taskforce (UKJT), a government-backed initiative chaired by Sir Geoffrey Vos, Master of the Rolls, and led by LawTech UK, published the Digital Dispute Resolution Rules (the Digital DR Rules). The aim of the Digital DR Rules is to enable the rapid resolution of blockchain and crypto legal disputes, … 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

AD HOC ARBITRATION CONTINUES TO THRIVE IN LONDON: THE LATEST STATISTICS

The London Maritime Arbitrators Association (“LMAA”) have now released their latest statistics on ad hoc arbitrations conducted under the LMAA Terms and Procedures. The latest figures reveal that, in the wake of the disruption caused by the Covid-19 pandemic, ad-hoc arbitration in London is continuing to thrive. Read more

UPCOMING WEBINAR: MEDIATION IN ARBITRATION

On Thursday 18 March 2021 at 10.45 am (GMT) speakers from Herbert Smith Freehills will join the panel for a live London Chamber of Arbitration and Mediation (LCAM) webinar on Mediation in Arbitration. The recent Mediation in Arbitration Survey conducted jointly by Herbert Smith Freehills and LCAM highlighted the impressive settlement rates for mediation of … Read more

COURT OF APPEAL FINDS CONFLICT OF INTEREST WHERE EXPERT ORGANISATION WAS ACTING FOR AND AGAINST SAME CLIENT ON TWO SEPARATE BUT CONCURRENT RELATED ARBITRATIONS

In a recent post on our Construction Notes blog, James Doe and Noe Minamikata consider the decision of the English Court of Appeal in Secretariat Consulting PTE Ltd, Secretariat International UK Ltd and Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, in which the Court dismissed an appeal against an order of the … Read more

ICSID RELEASES STATISTICS FOR RECORD YEAR 2020

The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2020 (available here) showing a record number of new cases. While the figures confirm that the Covid-19 pandemic has not so far significantly affected the nature of those disputes, other changes – such as a shift to virtual hearings – are … Read more