In Evison Holdings Ltd v International Co Finvision Holdings, Orient Express Bank Public Joint Stock Company [2019] EWHC 3057 (Comm) the English Court dismissed an application for the continuance of an anti-suit injunction against a non-party to an arbitration agreement, which was issued in support of LCIA arbitration proceedings. The anti-suit injunction was ordered based … Read more

Introduction In a judgment issued on 3 October 2019, the Cour de cassation (French Supreme Court) upheld a Court of Appeal decision setting aside an award as a result of an arbitrator’s non-disclosure. The judgment is a helpful illustration of the scope of arbitrators’ obligations in respect of disclosure once a tribunal has been constituted … Read more

In Mobile Telecommunications Co KSC v HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud and others [2019] EWHC 3109 (Comm), the English Commercial Court (the Court) considered the scope of an arbitral tribunal’s powers to correct an arbitral award under Article 27.1 of the LCIA Rules 1998. Read more

In the recent case of Balram Chainrai v Kushnir Family (Holdings) [2019] HKCFI 2866, the Hong Kong Court of First Instance (CFI) refused to set aside an ex parte order allowing service out of the jurisdiction on the basis that the defendant had submitted to the jurisdiction. Background to the dispute See our previous discussion … Read more

Introduction A multi-organisational Working Group on Cybersecurity in International Arbitration has released the 2020 edition of its Cybersecurity Protocol for International Arbitration (the “Cybersecurity Protocol”). This edition reflects comments received by the ICCA-NYC Bar-CPR Working Group during a year-long consultation on the initial draft of the Cybersecurity Protocol (on which we commented here). The Cybersecurity … 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