Arbitration Notes
Tag: english arbitration act 1996
Showing 36 out of 66 results
UK Supreme Court rules that no security may be ordered when challenging enforcement of arbitration awards
The UK Supreme Court has overturned a Court of Appeal decision requiring Nigerian National Petroleum Corporation ("NNPC") to provide US$ 100m in security …
Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments
In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and …
Separability and public policy: selecting law of arbitration agreement does not disapply conflicting non-mandatory provisions of English Arbitration Act 1996 and "fresh evidence…is particularly important" for challenging an Award on public policy grounds
An arbitration agreement is understood in most, but not all, jurisdictions to be a separable or distinct agreement from the contract or agreement of …
English Court identifies "weaknesses" in the 2014 IBA Guidelines on Conflicts of Interest when considering challenge of an Award for apparent bias
In the case of W Limited v M SDN BHD [2016] EWHC 422 (Comm) the Claimant, W Limited, sought to challenge two awards in the English Court for serious …
English Court's reminder that (i) courts will allow the arbitral process to correct itself without intervention where possible and (ii) a party seeking to set aside an Award must do so on the correct basis and in good time
In a recent judgment handed down by Eder J in the case of Union Marine Classification Services LLC v Government of the Union of Comoros, the English …
English court refuses to enforce New York Convention Award that was set aside at the seat of arbitration and that granted remedies that were not pleaded
In a judgment handed down on 19 February 2015 in the case of Malicorp Ltd v Government of the Arab Republic of Egypt and others, English Commercial Court …
English court removes arbitrator based on justifiable doubts as to his impartiality
In its recent judgment in Sierra Fishing Company and others v Hasan Said Farran and others [2015] EWHC 140 (Comm), the English Court granted an …
English Court construes arbitration agreement reconciling two conflicting arbitration clauses
In the recent decision Transgrain Shipping BV v Deiulemar Shipping SpA (in liq) & Eleni Shipping Ltd [2014] EWHC 4202 (Comm), the English Commercial …
Lorand Shipping v Davof Trading (Africa) B.V. (MV "Ocean Glory"): when a "creative solution" on the part of the tribunal becomes a serious irregularity leading to substantial injustice
In a rare example of a successful application under section 68 of the English Arbitration Act 1996 (the "Act"), the English Commercial Court has granted …
English Court finds that it is "just and convenient" to grant a worldwide freezing order in support of London-seated arbitration even where all assets are outside England
In a further decision in the case of U & M Mining Zambia Ltd v Konkola Copper Mines PLC [2014] All ER (D) 136 (Oct), the English Commercial Court …
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 …
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 …
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