In Seniority Shipping v City Seed Crushing Industries, “Joker”, [2019] EWHC 3541 (Comm), the English Commercial Court granted an anti-suit injunction restraining proceedings brought by City Seed before a Bangladeshi court in breach of an arbitration agreement incorporated by reference in the bills of lading under which the dispute arose (the “Bills of Lading”). The … Read more
In Fimbank Plc v Discover Investment Corp [2020] EWHC 254 (Comm), available here, the English High Court discharged a freezing order obtained ex parte in support of arbitration on the basis that the claimant had no good arguable case on the merits. The Court heavily criticised the claimant’s failure to offer full and frank disclosure … Read more
In the recent case of Albion Energy Ltd v Energy Investments Global BRL [2020] EWHC 301 (Comm) (available here) the English High Court refused to stay court proceedings under section 9 of the Arbitration Act 1996 in a case involving competing jurisdiction and arbitration clauses. The case concerned a claim for summary judgment in the … Read more
Herbert Smith Freehills has helped secure an important victory for the Kingdom of Spain in a long-running investor-state arbitration concerning regulatory changes made by Spain in 2010 to the Feed-in Tariff regulation governing the photovoltaic (“PV”) sector in Spain. Read more
In Filatona Trading v Navigator Equities [2020] EWCA Civ 109, the English Court of Appeal upheld a judgment of the High Court (which we discussed here) relating to an LCIA arbitration concerning ownership of a Russian textile company. The main issue in the appeal was whether a party who did not sign an agreement was … Read more
In Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2020] EWCA Civ 6, the English Court of Appeal refused the enforcement and recognition of an arbitral award handed down by an ICC Tribunal seated in Paris, on the basis that the award was made against a non-party. This case provides helpful guidance on two significant … Read more
In the recent decision of Quiana Navigation SA v Pacific Gulf Shipping (Singapore) Pte Ltd (“The Caravos Liberty”) [2019] EWHC 3171 (Comm), available here, the English Commercial Court dismissed an appeal on a point of law in an arbitral award under s69 of the Arbitration Act 1996 (the “Act“). The partial final award which was … Read more
Craig Tevendale, Head of the Herbert Smith Freehills International Arbitration Group in London and UK Head of Energy, has produced a video with Thomson Reuters, exploring trends in liquified natural gas (LNG) disputes. The full video can be found here and is available to view without a subscription until 6 December 2019 (after that date … Read more
In A v OOO “Insurance Company Chubb” and other companies [2019] EWHC 2729 (Comm), the English Commercial Court (the Court) refused, for various reasons, to consider an application for interim relief. The application sought an order requiring a party to withdraw a claim in the Russian courts and seek a stay of those proceedings. The … Read more
