In Sabbagh v Khoury and others,  EWCA Civ 1219 (available here), the English Court of Appeal partly upheld the injunction granted by the Commercial Court restraining the pursuit of arbitration proceedings seated in Lebanon. In doing so, the Court of Appeal confirmed the power of English courts to restrain a foreign arbitration on grounds that the foreign arbitration is oppressive and vexatious and provided helpful guidance on the exceptional circumstances in which English courts may exercise this power.
Tag: shareholder disputes
In Gracie and another v Rose  EWHC 1176 (Ch), the English court dismissed a challenge to an arbitration award under s68 of the Arbitration Act 1996.
While the court found that the Arbitrator’s reasoning in relation to certain topics was ambiguous, it held that this was insufficient for a successful s68 challenge. The judgment contains useful guidance on the scope of s68 and its interplay with other provisions of the 1996 Act. In particular, the court emphasised that the applicant had an obligation to first request the arbitrator to correct, supplement or clarify the award under s57 before bringing a challenge in the courts.
In the highly complex and contentious case of Filatona Trading Ltd and another v Navigator Equities Ltd and others  EWHC 173 (Comm), the English High Court dismissed an attempted challenge to an LCIA award brought on the grounds of jurisdiction (s.67 Arbitration Act 1996) and serious irregularity (s.68 Arbitration Act 1996).
In particular, the Court held that an LCIA arbitral tribunal did not exceed the scope of its powers in ordering relief that was not available to an English court.
On 1 September 2016, the following federal laws came into force in Russia: the Federal Law On Arbitration (Arbitration Proceedings) in the Russian Federation and the Federal Law on Amendments to Certain Legislative Acts which introduced a number of changes, in particular, to the Arbitrazh Procedure Code, the Civil Procedure Code and the Law on International Commercial Arbitration (collectively, the "Laws"). Russian arbitration regulation has materially changed as a result of these Laws.
The reforms were initiated in 2013 on the instruction of the President given to the Federal Assembly with a view to developing Russian arbitration legislation. Two of the main goals of the reforms were to:
- Provide clearer and more detailed regulation of the arbitration process in order to encourage businesses to use arbitration as a dispute resolution mechanism more actively, decreasing the workload of the state courts;
- Fight with so called "pocket" arbitration institutions (i.e. those which are incorporated by large corporations / banks to hear disputes with their counterparties).
The Laws have made many significant amendments, most of which can be placed under the following two categories: (1) the administering of arbitration proceedings; and (2) the arbitration process. This update deals with the most significant amendments.