Arbitration Notes
Tag: english law
Showing 24 out of 50 results
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 …
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 …
"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 …
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 …
English High Court: requirement to engage in time limited "friendly discussions" before arbitration is enforceable
In the 1 July 2014 decision in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), Teare J considered whether …
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 …
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 …
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 …
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 …
Indian Supreme Court Gives Further Reassurance on the Limits of its Jurisdiction in Cases of Arbitration Seated Outside India
In a welcome addition to the recent suite of pro-arbitration decisions emanating from India, in the case of Reliance Industries Limited & Anr v Union …
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 …
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 …
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