CROSS POST: COURT OF APPEAL OVERTURNS FIRST INSTANCE JUDGMENT WHICH HELD A CONTRACTUAL PROVISION PROHIBITING ASSIGNMENT COULD PREVENT INSURER’S SUBROGATION RIGHTS

In a post for our HSF Insurance Notes blog, the Insurance & Professional Risks team consider the recent Court of Appeal decision in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 concerning a challenge to an ICC award under s67 Arbitration Act 1996 on the basis that the tribunal lacked jurisdiction. … Read more

IF YOU DON’T ASK, YOU DON’T GET: ENGLISH COURT SETS ASIDE AWARD OF INTEREST ON ARBITRATION AND LEGAL COSTS WHEN NOT CLAIMED, BUT REJECTS FURTHER CHALLENGES TO AWARD

In the recent case of Palmat NV v Bluequest Resources AG [2023] EWHC 2940 (Comm), the English Commercial Court set aside part of an award rendered in an LCIA arbitration under s68 Arbitration Act 1996 (the 1996 Act) that awarded interest to Bluequest Resources AG (Bluequest) on its arbitration and legal costs, despite Bluequest not … Read more

UPDATE: THE WINNER LOSES IT ALL? ENGLISH COURT UPHOLDS NIGERIA’S CHALLENGE TO $11bn AWARDS IN 140 PAGE MEGA-JUDGMENT

Observing that “the facts and circumstances of this case… are remarkable” and that he did not do so “without reluctance” Knowles J upholds challenge to tribunal’s awards but leaves their ultimate fate open. In the latest decision in a decade long case that has already seen Nigeria granted an “unprecedented” extension of almost three years … Read more

ENGLISH COURT RETAINS POWER TO AWARD COSTS AFTER ARBITRATION CHALLENGE DISMISSED

In Viking Trading OU v Louis Dreyfus Suisse SA [2023] EWHC 2160 (Comm) the English Commercial Court clarified its discretionary power to grant costs of defending a s69 application under the English Act (Act) for permission to appeal an arbitral award, even if costs were not initially sought. This decision provides helpful guidance on best … Read more