This analysis was first published on Lexis®PSL on 29 October 2021 and can be found here (subscription required). Ivan Teselkin, partner, Maria Dolotova, of counsel, Alexander Gridasov, senior associate, and Sergei Eremin, senior associate, of Herbert Smith Freehills provide an overview of Russian court decisions on the impact of recent amendments to Russian law relating … Read more

In NWA & FSA v NVF & others [2021]  EWHC 2666 (Comm) the English High Court has declined to set aside an award on the basis of failure to mediate a dispute before referring it to arbitration. Consistent with its reasoning in Sierra Leone v SL Mining (see our blogpost on that case here), the … Read more

In Mount Wellington Mine Ltd v Renewable Energy Co-Operative Ltd [2021] EWHC 1486 (Ch), the English High Court considered a challenge to the jurisdiction of an arbitrator under s. 67 of the Arbitration Act 1996 (the Act). The Claimant, a landlord, sought to challenge an arbitral award which upheld the jurisdiction of the arbitrator in … Read more

Welcome to the twelfth issue of Inside Arbitration We are delighted to share with you the latest, new look issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice. Uncertainty has been the watchword of 2021 so far. As the Covid-19 pandemic continues to impact our work and personal lives many questions remain about … Read more

In the recent decision in Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14 the Judicial Committee of the Privy Council (the “Privy Council“) found that the Supreme Court of Mauritius was wrong to set aside an international arbitration award on the basis that the award was contrary to the public policy of Mauritius, … Read more

In the recent decision in Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd [2021] EWHC 1094 (Comm) the English High Court (the “Court“) considered a rare application under s32 Arbitration Act 1996 (the “Act“) to determine a preliminary point of jurisdiction in circumstances where the arbitration clause was unclear on … Read more

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

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