Arbitration Notes

English High Court holds English Court judgments can be enforced in the United Arab Emirates

In Invest Bank PSC v Ahmad Mohammed El-Husseini and ors [2022] EWHC 3008 (Comm), the English High Court held that there was no real risk of substantial …

GIVE MANDATORY MEDIATION A CHANCE: INSIGHTS FROM THE LCAM-HSF SURVEY ON COMPULSORY MEDIATION

Study shows support by members of the dispute resolution community for some degree of mandatory mediation in both litigation and arbitration proceedings. …

Court of Appeal confirms peremptory order despite pending jurisdictional challenge

In the case of S3D Interactive, Inc v Oovee [2022] EWCA Civ 1665, the Court of Appeal has dismissed an appeal of a decision to enforce a peremptory order …

English court holds arbitral order, subject to conditions, an award

In YDU v SAB and BYH [2022] EWHC 3304 (Comm), the English High Court has deemed an arbitral tribunal's order for specific performance, which was subject …

A ROUND UP OF COMMERCIAL ARBITRATION IN 2022: KEY DEVELOPMENTS YOU SHOULD KNOW

Third Party Funding: recoverability and regulation In Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S, [2021] EWHC 3301 (Comm), the …

3 for the price of 1: English Commercial Court issues guidance on: (i) what constitutes an "award" (ii) whether a cross-claim under a different contract can fall within an arbitrator's jurisdiction, and (iii) the circumstances in which the Court will order compliance with a Peremptory Order

In the case of RQP v ZYX, the English Court has issued a jam-packed judgment on three important issues. In dismissing RQP's three applications, Mr …

ANOTHER ONE BITES THE DUST: THE FIONA TRUST PRINCIPLE AGAIN SEES OFF NDK'S CASE BEFORE THE ENGLISH COMMERCIAL COURT

In NDK Ltd v HUO Holding (No 2) [2022] EWHC 2580 (Comm), the English Commercial Court dismissed NDK's section 67 challenge brought against an LCIA award, …

Fine-tuning the English Arbitration Act: reactions to the Law Commission's consultation paper

Today, the Law Commission published its first consultation paper as part of its review of the Arbitration Act 1996 (the "Act"). The stated aim of the …

Upcoming Webinar: Attitudes to Compulsory Mediation in Arbitration and Litigation

On Wednesday 19 October 2022 at 12:30 pm (GMT) speakers from Herbert Smith Freehills will join the panel for a live London Chamber of Arbitration and …

CYPRIOT CASE OF NDK KO'D BY ENGLISH COMMERCIAL COURT: THE FIONA TRUST PRINCIPLE PREVAILS ONCE AGAIN

INSIDE ARBITRATION ISSUE #14 PERSPECTIVES ON CROSS-BORDER DISPUTES

Welcome to issue 14 of Inside Arbitration. We are delighted to share with you the latest interactive issue of this publication from Herbert Smith …

English High Court confirms that a non-participating party may contest jurisdiction even though an arbitrator has been appointed

In National Investment Bank Ltd v Eland International (Thailand) Co. Ltd and another [2022] EWHC 1168 (Comm), the English High Court considered the …