English High Court sets aside permission to enforce fabricated arbitral award

In a recent decision in Contax Partners Inc BVI v Kuwait Finance House (KFH-Kuwait) & Ors [2024] EWHC 436 (Comm), the English Commercial Court (the Court) set aside its earlier decision granting leave to the Claimant, Contax Partners Inc BVI, to enforce an arbitral award under s. 66 of the Arbitration Act 1996 and entering … Read more

ENGLISH HIGH COURT GRANTS ANTI-SUIT AND ANTI-ANTI-SUIT INJUNCTIONS TO RESTRAIN RUSSIAN PROCEEDINGS BROUGHT BY SANCTIONED ENTITIES

In Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd & Others [2023] EWHC 2816 (Comm), the English High Court granted an anti-suit injunction (an ASI) to restrain Russian court proceedings brought by sanctioned counterparties. The Russian proceedings were brought in breach of a London seated LCIA arbitration clause, with the intention to benefit from the … Read more

LAW SOCIETY PUBLISHES REPORT ON GLOBAL POSITION OF ENGLISH AND WELSH LAW

The Law Society of England and Wales has recently launched a new initiative to highlight the attractions of English law and of England and Wales as a leading international legal centre, with key benefits including an independent judiciary, reliable courts and predictable outcomes. Its International Data Insights Report 2023: Global Position of English Law is intended to … Read more

ENGLISH COURT REJECTS INTERIM INJUNCTION APPLICATION FOR LACK OF URGENCY

In JOL and JWL v JPM [2023] EWHC 2486 (Comm), the English High Court has dismissed an application for interim injunctions, finding the requirement of urgency under s44(3) of the Arbitration Act 1996 (the Act) had not been met. The decision illustrates that the Court will exercise caution in granting s44(3) orders to enforce disputed … 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

UK Supreme Court interprets the “stay” provisions of s9 of the Arbitration Act 1996: rules Mozambique’s claims fall outside scope of arbitration agreements and rejects s9 application for stay

Introduction In Republic of Mozambique v Privinvest Shipbuilding SAL and others [2023] UKSC 32, the Supreme Court has unanimously found the Republic of Mozambique (Mozambique)’s claims for, among other things, bribery, conspiracy and dishonest assistance against the defendants to be “matters” which fall outside the scope of the arbitration agreements in a number of related … 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