CLAIMANT FAILS TO RECOVER THE COSTS OF ITS APPLICATION TO REMOVE AN ARBITRATOR, WHERE THE ARBITRATOR HAD RESIGNED BEFORE THE TRIAL IN THE ENGLISH HIGH COURT

In a recent decision (available on an anonymised basis here), the English High Court (the “Court”) considered a claimant (“C”)’s claim for its costs of an application under section 24 (“s24”) of the Arbitration Act 1996 (the “Arbitration Act”) for the removal of an arbitrator (“X”) from LCIA arbitration proceedings (the “LCIA Arbitration”). X had … Read more

ENGLISH HIGH COURT FINDS THAT ARBITRATOR ERRED IN LAW IN FINDING EXPRESS “WITHOUT PREJUDICE” CORRESPONDENCE ADMISSIBLE ON COSTS BUT FINDS IMPLIEDLY “WITHOUT PREJUDICE” CORRESPONDENCE ADMISSIBLE

In Sternberg Reed Solicitors v Harrison [2019] EWHC 2065 (Ch), the High Court decided that an arbitrator had made an error in law in deciding that he could consider correspondence marked “without prejudice” when deciding costs.  However, correspondence that is impliedly “without prejudice” could be taken into consideration.  Arbitrators usually have broad discretion when considering costs … Read more

New BAC Rules to enter into force on 1 September 2019

The Beijing Arbitration Commission (BAC) has updated its arbitration rules and fee schedule. The new versions will replace the current (2015) version, with effect from 1 September 2019. Among a number of notable amendments, BAC’s revised fee structure marks a significant step towards aligning Chinese arbitral practice with international standards. The new fee schedule: distinguishes … Read more

Update on the future of ISDS: the discussions within UNCITRAL Working Group III – no apparent consensus to date

After a number of years of public debate in a variety of fora, the discussion of the future development of investor-state dispute settlement (ISDS) has recently moved to the United Nations Commission on International Trade Law (UNCITRAL). UNCITRAL Working Group III (WGIII) has been given a broad mandate to identify concerns regarding ISDS, consider whether … Read more

Security for costs granted by English Court in investment treaty award challenge in which claimants are receiving third-party funding

In its recent judgment in Progas Energy Limited and ors v Pakistan [2018], the English High Court (the Court) granted Pakistan’s request for security for their costs in defending a challenge to an investment treaty award. The Court declined Pakistan’s application for security for its unpaid costs in the arbitration awarded to them by the … Read more

English Commercial Court upholds s68 serious irregularity challenges to an arbitral award holding that the arbitrator should have ensured that costs are pleaded by all parties

In Oldham v. QBE Insurance (Europe) Ltd [2017] EWHC 3045 (Comm), the Commercial Court held that the arbitrator’s decisions on costs could be challenged on grounds of serious irregularity under Section 68 of the Arbitration Act of 1996 (the Act) on the basis that the applicant had been denied the opportunity to make submissions. This … Read more