High Court once again upholds award of third party funding costs in arbitration

The Commercial Court has refused a challenge to an arbitral award brought on the basis of the tribunal’s award of the costs of third party funding to the successful party, finding that it did not constitute a serious irregularity under s68 of the 1996 Arbitration Act: Tenke Fungurume Mining SA v Katanga Contracting Services SAS … Read more

Court of Appeal gives guidance on jurisdiction rules in libel claims

The Court of Appeal has clarified how section 9 of the Defamation Act 2013 should be interpreted, finding that the requirement it introduced for the court to be satisfied that England is the most appropriate place to hear a libel dispute is merely a modification of the usual regime which applies where a claimant needs … Read more

High Court finds submission to jurisdiction no bar to staying English proceedings in favour of Thai proceedings following change in circumstances

The High Court has granted a stay of English proceedings on the basis that the Thai courts were clearly and distinctly the more appropriate forum to determine the dispute. The stay was granted even though the English proceedings had begun five years earlier, and the defendant had unsuccessfully challenged jurisdiction at that time and had … Read more

High Court finds defendant did not submit to jurisdiction where it sought to have summary judgment application determined before stay application

The High Court has held that a defendant did not submit to the court’s jurisdiction despite seeking to have its (conditional) summary judgment application heard before its application to stay the court proceedings in favour of arbitration: Deposit Guarantee Fund for Individuals v Bank Frick & Co AG [2021] EWHC 3226 (Ch). It was common ground … Read more

Managing risk: A disputes perspective (2021)

Our annual disputes client conference, held on 7 and 9 December, was chaired by our Managing Partner for Dispute Resolution Damien Byrne Hill and explored some key legal and compliance risks facing major corporates, and how those risks can be mitigated. Sessions looked in particular at risks relating to climate change and Business & Human … Read more