Tag: england and wales

Showing 24 out of 45 results

08 October 2014

Thwarting attempts to avoid execution: English Court orders appointment of receivers over foreign assets to assist enforcement of a London award

In a judgment handed down on 2 October 2014 in Cruz City 1 Mauritius Holdings v Unitech Limited & Ors, the English High Court made an order under s37 …

03 October 2014

A unique interactive convention: Shaping the Future of International Dispute Resolution

A convention being held next month at the Guildhall, London, on Shaping the Future of International Dispute Resolution will bring together an …

28 July 2014

English Commercial Court rejects challenge to "conditional" award

In the latest decision relating to the arbitration between U&M Mining Zambia Ltd ("U&M") and Konkola Copper Mines plc ("KCM"), the Commercial …

15 July 2014

"A Delicate Matter": English Court considers enforcement of awards set aside by the courts of the seat and ability to claim post-award interest in those circumstances

In the case of Yukos Capital SARL v OJSC Rosneft Oil Company [2014] EWHC 2188 (Comm) the English Court considered two preliminary issues relating to the …

09 July 2014

English Commercial Court rejects application by U&M Mining Zambia Ltd for security for sums due under award pending challenge

In Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2146 (Comm), the English Commercial Court considered two related applications on …

24 June 2014

English High Court considers the requirement to "exhaust" any available arbitral process of appeal before challenging an arbitral award under the Arbitration Act 1996

In an anonymised judgment dated 11 June 2014, Mr Justice Andrew Smith considered whether the terms of section 70(2) and/or section 73(2) of the …

23 June 2014

English High Court says that a head of state who dies in office enjoys immunity only in respect of official acts

Introduction In the recent decision of Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2014] EWHC 1807 (Ch), the High Court found that the …

17 June 2014

International contracts and application of the Late Payments of Commercial Debts (Interest) Act 1998: London arbitration clause does not provide a "significant connection" to England

In an appeal on a point of law under s69 of the Arbitration Act 1996 in Martrade Shipping & Transport GmbH v United Enterprises Corporation, the …

12 June 2014

English court refuses stay of proceedings for clause requiring parties to "endeavour" to arbitrate

Despite the English court's benevolent approach to the construction of arbitration clauses, the recent case of Christian Kruppa v Alessandro Benedetti …

30 May 2014

Commercial Court refuses enforcement of arbitral award due to issue estoppel

In Diag Human Se v Czech Republic, the English Commercial Court refused enforcement of a New York Convention Award (the Award) of over 8.3 billion Czech …

21 May 2014

A cautionary note for arbitrators and counsel alike: Commercial Court upholds s68 application in part for breach of tribunal's duty to act fairly and impartially

In Brockton Capital LLC v Atlantic-Pacific Capital, Inc., the English Commercial Court upheld a challenge under section 68 of the Arbitration Act 1996 …

03 April 2014

The English Court of Appeal refuse a challenge to the enforcement of a New York Convention award founded on "hollow formalism"

In the case of Lombard-Knight & Anor v Rainstorm Pictures Inc [2014] EWCA Civ 356, the Court of Appeal considered an application by the Defendants to …