Arbitration Notes
Tag: england and wales
Showing 36 out of 45 results
The English Commercial Court considers whether a party's failure to pay its share of the advance on costs is a repudiatory breach of the arbitration agreement
In BDMS Limited v Rafael Advanced Defence Systems [2014] EWHC 451 (Comm), the English Commercial Court considered whether the Respondent's failure to pay …
Commercial Court provides guidance on "serious irregularity" and confirms arbitral tribunal has jurisdiction to determine contractual rights and obligations in light of criminal conduct
In the recent decision of Interprods Ltd v De La Rue International Ltd [2014] EWHC 68 (Comm), the English Commercial Court dismissed the challenges under …
The Court of Appeal upholds dismissal of judicial review application relating to the alleged sharing of intelligence with the US for use in drone strikes
In the recent decision of R. (on the application of Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs [2014] EWCA Civ 24, the Court of …
Commercial Court reaffirms the importance of Sulamérica in determining the law of the arbitration agreement in circumstances where choice of seat was agreed without actual authority
In the recent decision of Habas Sinai Ve Tibbi Gazlar Istihsal Andustrisi AS and VSC Steel Company Ltd [2013] EWHC 4071 (Comm), the English Commercial …
Injunctions to Preserve Assets or Evidence under Section 44(3) of the English Arbitration Act 1996: High Court Considers Scope
In Zim Integrated Shipping Services Limited v European Container KS and European Container KS 11 [2013] EWHC 3581 (Comm), the High Court considered …
English High Court considers: arbitability of civil claims with a criminal aspect; its discretion to enforce awards under s66 of the Arbitration Act 1996; and the scope of the arbitration exception to immunity under s9 of the State Immunity Act 1978
In The London Steam-Ship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain and the French State [2013] EWHC 3188 (Comm), the High Court had …
Court grants interim injunction under the English Arbitration Act 1996 to preserve the value of contractual rights
In Doosan Babcock Ltd v Commercializidora de Equipos y Materiales Mabe [2013] EWHC 3010 (TCC), the High Court considered the scope of section 44(3) of …
High Court rejects challenge to an arbitral award for serious irregularity
In the case of Primera Maritime (Hellas) Limited and Others vs Jiangsu Eastern Heavy Industry Co Ltd and others, published on 15 October 2013, the London …
When silence is golden: the High Court confirms the primacy of the "Dallah principle" and allows a party who has taken no part in arbitral proceedings to be given a full opportunity to challenge the tribunal's jurisdiction at the enforcement of award stage
In The London Steam Ship Owners Mutual Insurance Association Ltd v. the Kingdom of Spain [2013] EWHC 2840 (Comm), the High Court concluded that the …
Arbitration in England – a new Kluwer Law International title co-edited by Herbert Smith Freehills
Earlier this week, Kluwer Law International, the leading international legal publisher, launched a new monograph in its international arbitration series …
When will sanctions frustrate an agreement?
A recent judgment of the English Commercial Court has highlighted the issue of the effect of new sanctions legislation upon contractual obligations, and …
Award following failed settlement withstands section 68 challenge: the High Court confirms that it will intervene only in extreme cases
The recent judgment in Gujarat NRE Coke Limited and Shri Arun Kumar Jagatramka v Coeclerici Asia (Pte) Limited [2013] EWHC 1987 (Comm) confirms …
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