Arbitration Notes
Tag: england and wales
Showing 45 out of 45 results
UK Court of Appeal considers the immunity from suit of the family of a head of state
The Court of Appeal has examined the extent to which foreign heads of state and their families can claim immunity under the State Immunity Act 1978 (the …
UK Supreme Court confirms power to issue an anti-suit injunction even when no arbitration is underway or proposed
The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in …
High Court confirms unilateral jurisdiction clause is valid under English Law
In the recent case of Mauritius Commercial Bank Ltd v Hestia Holdings Ltd and Another [2013] EWHC 1328 (Comm), the English Commercial Court confirmed …
Court allows a security for costs application against recalcitrant Respondent seeking to challenge arbitral award, but refuses to require payment in of value of Award
In the case of X v Y Queen's Bench Division (Commercial Court), 07 May 2013 the court has grappled with the options available to a claimant against a …
English court reaffirms its jurisdiction and willingness to compel foreign defendants to disclose their assets worldwide in aid of execution of arbitration awards
In a judgment handed down on 23 May 2013 in Cruz City 1 Mauritius Holdings v (1) Unitech Limited; (2) Burley Holdings Limited; and (3) Arsanovia Limited, …
Court of Appeal grapples with the relationship between an arbitration clause and the rights of third parties: decision in Fortress Value case upheld but on different reasons
In May 2012, the Commercial Court dealt with the circumstances in which a third party beneficiary of a right under a contract will be treated as a party …
Appeal on a point of law: jumping through the hoops in s69(3) of the Arbitration Act
The case of Morris Homes v Antony Paul Keay and Jeffrey David Keay serves as a useful reminder of the hoops through which applicants must jump in …
U&M Mining Zambia Ltd v Konkola Copper Mines plc: Court of the seat does not have exclusive jurisdiction to grant interim measures in support of arbitration
In the recent case of U&M Mining Zambia Ltd v Konkola Copper Mines plc [2013] EWHC 260 (Comm), the court examined the question of whether English …
Supreme Court unanimously rejects appeal to Dallah judgment refusing enforcement of a French ICC award
The Supreme Court has today concluded that both the Court of Appeal and the High Court were right to refuse to enforce an Award obtained by Dallah …