Europe

English Court holds that arbitration clauses in individual sales contracts govern the disputes arising from corrupt arrangement to induce the contracts when an “umbrella agent agreement” is silent about dispute resolution

In a decision dated 24 April 2018, the English Commercial Court (the “Court“) dismissed  challenges brought under s67 and s32 of the English Arbitration Act 1996 (the “Act“) by Dreymoor Fertilisers Overseas PTE Ltd. (“Dreymoor“). The case concerned the construction … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Europe, Jurisdiction

English High Court refuses to set aside award made without awaiting outcome of relevant domestic court proceedings

In its recent decision in SCM Financial Overseas Ltd v Raga Establishment Ltd [2018] EWHC 1008 (Comm) (available here), the English High Court (“Court“) refused to set aside an award on the ground of serious irregularity in circumstances where the … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Challenges to awards, Europe, Procedures in arbitration

English Commercial Court releases s68 and s69 statistics: the high hurdle remains

On 29 April 2018, the Judiciary of England and Wales published the Commercial Court Users’ Group Meeting Report – March 2018. Contained within that report are some statistics regarding the number and outcome of arbitration claims within the Commercial Court … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Enforcement, Europe, News

Paula Hodges QC to co-chair 8th Annual GAR Live London conference, 10 May 2018

The 8th Annual GAR Live London conference takes place on 10th May. Attracting in-house counsel, arbitrators, arbitration counsel and other arbitration stakeholders from around the world, this year’s GAR Live London agenda will focus on a number of practical discussion … Continue reading

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Filed under Europe, Events

LCIA 2017 Casework Report

The LCIA has recently released its Casework Report for 2017. This report provides an overview of and insights into the LCIA’s caseload. It includes detailed statistics concerning aspects of the caseload with a breakdown by sector, contract type, and time elapsed … Continue reading

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Filed under Europe, Institutions

EU Council publishes Negotiating Directives for Convention establishing a Multilateral Investment Court: no real surprises but a couple of gaps

On 20 March, 2018 the Council of the European Union published negotiating directives dated 1 March 2018 authorizing the European Commission to negotiate a convention establishing a multilateral court for the settlement of investment disputes between investors and states. Whilst … Continue reading

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Filed under EU, Europe, Investment Arbitration, ISDS

English Court holds that the time limit for appeal of an award runs from the date of the award, unless there is a “material” correction to the award

In a decision dated 16 March 2018, the English Commercial Court (the “Court“) dismissed the application of appeal under s69 of the English Arbitration Act 1996 (the “Act“) by Daewoo Shipbuilding & Marine Engineering Company Limited (“DSME“) on the ground … Continue reading

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Filed under Arbitration Act 1996, Arbitration laws, Awards, Challenges to awards, Europe

English Court of Appeal reinstates the appointment of an arbitrator on the basis that he qualifies for appointment under the arbitration clause

In Allianz Insurance and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434, the English Court of Appeal has reversed the decision of the High Court on whether a party-appointed arbitrator met the contractual requirements as to requisite … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Arbitrators, Europe, Uncategorized

2017 ICC Dispute Resolution Statistics show steady growth

The ICC has recently published its preliminary 2017 statistics, showing a slightly lower case load than the record-breaking 2016, but still indicating a steady long term growth. A total of 810 new cases were filed in 2017, involving 2316 parties … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Europe, Expedited Arbitration, Institutions

Security for costs granted by English Court in investment treaty award challenge in which claimants are receiving third-party funding

In its recent judgment in Progas Energy Limited and ors v Pakistan [2018], the English High Court (the Court) granted Pakistan’s request for security for their costs in defending a challenge to an investment treaty award. The Court declined Pakistan’s … Continue reading

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Filed under Asia, Challenges to awards, Costs, Europe, Investment Arbitration, Third Party Funding