LCIA publishes arbitrator challenge decisions

Under the LCIA Arbitration Rules, a party to an LCIA administered arbitration can challenge the appointment or conduct of an arbitrator “if circumstances exist that give rise to justifiable doubts as to his impartiality or independence.” The LCIA Court will decide the challenge and will write a reasoned decision which is conveyed to the parties … Read more

Court of Cassation confirms setting aside of award for lack of due process where a tribunal had based its finding on a principle of law not discussed during the hearing

In 1998 Overseas Mining Investments Ltd (OMI), a privately held company incorporated in the Channel Islands, entered into a joint venture agreement with Cuban state mining concern Commercial Caribbean Niquel S.A. (CCN) to exploit nickel deposits in Cuba.  Following CCN’s repudiation of the venture in 2004, OMI invoked the agreement’s arbitration clause, seeking (among other … Read more

Amsterdam Court of Appeal finding that Russian court’s annulment of an arbitral award was the result of a “partial and dependent judicial process” gives rise to an issue estoppel in England

In Yukos Capital v OJSC Rosneft Oil Co the English High Court considered two preliminary issues in enforcement proceedings brought by Yukos Capital, in circumstances where the Russian courts (the courts at the seat of arbitration) had annulled the arbitration awards Yukos Capital was seeking to enforce but the Amsterdam Court of Appeal had subsequently … Read more

West Tankers: The saga continues – has West Tankers found a way around the ECJ’s judgment, enabling it to frustrate the Italian proceedings that it earlier failed to injunct?

On 6 April 2011, in the latest instalment of the West Tankers dispute, the Commercial Court in London upheld an earlier order for enforcement of a declaratory award which found that West Tankers Inc (“West Tankers“) had no liability to Allianz SpA and Generali Assiurazione Generali SpA (the “Insurers“), who are currently pursuing court proceedings … Read more

Shareholders’ unfair prejudice disputes may be arbitrated

In Fulham Football Club v Sir David Richards and the FA Premier League the High Court determined that the ability to bring an unfair prejudice petition before the English courts under the Companies Act 2006 (“CA 2006“) was not an inalienable right and that parties could agree to refer disputes to arbitration that might otherwise … Read more

Brussels Regulation: The Commission proposes radical changes to rules on jurisdiction and enforcement of judgments

On Tuesday (14 December 2010) the Commission published its eagerly anticipated proposals relating to reforms to the Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation). Please click here for a link to the proposals. The proposals will (if adopted) bring about important … Read more