Arbitration Act 1996

Parallel court and arbitration proceedings: English High Court grapples with further case management issues in Panama Canal dispute, clarifying that service of a defence pending appeal on refusal to grant a stay will not constitute “a step towards answering the substantive claim”

In our previous blog post on Autoridad del Canal de Panama v Sacyr, S.A. & Ors, we considered a failed application to stay English court proceedings brought in a dispute in which related ICC arbitration proceedings are also on foot. … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Arbitration proceedings, Europe, Stays

English High Court refuses stay of proceedings despite possible overlap with issues subjected to parallel ICC arbitration proceedings.

A consortium of construction companies (the Consortium) was unsuccessful in obtaining a stay of court proceedings pending before the English High Court (the Court), even though parallel related ICC arbitration proceedings are ongoing. The Court rejected the application for a … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Arbitration proceedings, Europe, Jurisdiction, Stays

English Court Stays Enforcement of Micula ICSID Award Against Romania

In Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) the English High Court stayed enforcement of a 2013 ICSID award in favour of Swedish investors Ioan and Viorel Micula against Romania (the "Award"), but refused to set … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Enforcement, Enforcement - Europe, EU, EU Law, Europe, Investment Arbitration, Stays

High Court confirms UNCITRAL Tribunal Award on jurisdiction

The High Court has confirmed an UNCITRAL Tribunal's Award on Jurisdiction, which rejected jurisdiction under an investment contract (Contract) and the 1994 Kazakh Law on Foreign Investment (FIL). The Court placed particular emphasis on expert evidence of the principles of … Continue reading

Leave a Comment

Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Investment Arbitration, Jurisdiction

UK Supreme Court rules that no security may be ordered when challenging enforcement of arbitration awards

The UK Supreme Court has overturned a Court of Appeal decision requiring Nigerian National Petroleum Corporation ("NNPC") to provide US$ 100m in security while the case was remitted to the Commercial Court to decide on IPCO (Nigeria) Limited's ("IPCO") challenges … Continue reading

Leave a Comment

Filed under Africa, Arbitration Act 1996, Awards, Challenges to awards, Enforcement, New York Convention

Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments

In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and clarified the principles which apply to an application under section 18 of the English Arbitration … Continue reading

Leave a Comment

Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Arbitration proceedings, Arbitrators, Court intervention, EU, Europe, Jurisdiction

English High Court has no power to grant urgent relief under Arbitration Act where urgent relief could be granted by expedited tribunal or emergency arbitrator under LCIA Rules

In the recent case of Gerald Metals SA v Timis [2016] EWHC 2327 (Ch), the English High Court considered its power to grant urgent relief under s 44(3) of the Arbitration Act 1996 ("Act") in circumstances where timely and effective … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Arbitration rules, Emergency Arbitration, Europe, Expedited Arbitration, Interim relief, Procedures in arbitration

English Court refuses to allow challenge to arbitral award to be discontinued

The English Court has recently held that a party will not be able to discontinue appeal proceedings challenging an arbitral award in circumstances where to allow it do so would: (i) circumvent the jurisdiction of the supervisory court; and/or (ii) … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Awards, Challenges to awards, Court intervention, Enforcement

The UK Independent Press Standards Organisation Launches Pilot Arbitration Scheme

In August 2016, the Independent Press Standards Organisation (IPSO) announced the launch of its pilot arbitration scheme. It comes nearly four years after Lord Justice Leveson's recommendation for a "fair, quick and inexpensive" arbitration service for resolving disputes against members … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Arbitration rules, Europe

Challenges to an LCIA award on grounds of serious irregularity and substantive jurisdiction dismissed by the English Court

In C v D [2016] EWHC 1893 (Comm), the Commercial Court (the Court) dismissed an attempt to set aside an LCIA Award.  The claimants brought challenges to a partial award on the grounds of substantive jurisdiction (s67 of the Arbitration … Continue reading

Leave a Comment

Filed under Arbitration Act 1996, Challenges to awards, Europe