Tag Archives: Hannah Ambrose
The discontinuation of LIBOR and arbitration: issues of substance and procedure for parties and arbitrators
The global financial markets are currently preparing for the phasing out of the London Inter-bank Offered Rate (or LIBOR) and other Inter-bank Offered Rates (or IBORs). LIBOR is the most widely used benchmark interest rate globally, employed in an estimated … Continue reading
Third party intervention in investment arbitration: Tribunal admits NGO submissions in Gabriel Resources’ claim against Romania concerning mining project
The Tribunal in Gabriel Resources v Romania recently issued an order (the Order) in response to an application (the Application) made by three Romanian NGOs, as non-disputing parties, for participation and an amicus submission (the Submission) in an ICSID arbitration … Continue reading
Advocate General finds that CETA’s “Investment Court System” is compatible with EU law
One of the Advocates General to the Court of Justice of the European Union, Advocate General Bot, has issued an opinion confirming that the mechanism for the settlement of disputes between investors and states provided for in the Comprehensive Economic … Continue reading
Filed under EU, EU Law, Europe, Investment Arbitration, ISDS, Public International Law, Trade Agreements
English Court rejects Ukraine’s attempt to set aside enforcement order on grounds of state immunity
The English Court (the “Court“) has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce an arbitral award against Ukraine. Ukraine argued that it was immune from the Court’s jurisdiction by … Continue reading
Inside Arbitration: Issue #6 of the publication from Herbert Smith Freehills’ Global Arbitration Practice
We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insight about the markets and industries in which our clients operate, … Continue reading
Reliance v Union of India: English Court confirms that there is no serious irregularity under s68(2)(a) if an issue of construction decided by the tribunal is “squarely in play”
In Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English commercial court (the Court) considered a number of challenges to parts of an arbitration award brought under sections 67, 68 and 69 of … Continue reading
State to state dispute resolution in the UK Government’s White Paper: arbitration with a potential role for the CJEU
The White Paper published yesterday, “The Future Relationship between the United Kingdom and the European Union”, includes the UK Government’s proposal for the resolution of disputes between the UK and the EU under what the UK Government views as an … Continue reading
Filed under Brexit, EU, EU Law, Europe, Trade Agreements
Award dismissing a claim for inordinate and inexcusable delay survives challenge in the English court
In Grindrod Shipping Pte Ltd v Hyundai Merchant Marine Co. Ltd, the English High Court (“the Court“) rejected an application under s68 of the Arbitration Act 1996 (“the Act“) to challenge an Award (the “Award“). Six years after the proceedings … Continue reading
ENGLISH COURT OF APPEAL CONSIDERS DISCLOSURE OF ARBITRAL APPOINTMENTS IN RELATED OR OVERLAPPING REFERENCES
In Halliburton Company v Chubb Bermuda Insurance Ltd [2018] EWCA Civ 817, the English Court of Appeal was asked to consider: whether it is possible for an arbitrator to accept multiple appointments with overlapping reference and one common party, without … Continue reading
Filed under Arbitrators, Procedures in arbitration
Progress towards a Multilateral Investment Court? EU-momentum building and divisions in UNCITRAL Working Group III
In the past few years, discontent about Investor-State Dispute Settlement (ISDS, a recognised shorthand for ad hoc arbitration of investor-state disputes) has been fomenting in various parts of the world but nowhere more so than within the EU. The European … Continue reading