Arbitration Notes
Tag: english law
Showing 48 out of 50 results
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 …
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 …
Contractual disputes and practical implications arising from sanctions in the aftermath of the Arab Spring
In the aftermath of the Arab Spring and amidst continuing unrest in the region, the Middle East remains at the forefront of the international sanctions …
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 …
An end to "speculative" challenges to arbitral awards? The English courts raise the sanction of indemnity costs for unmeritorious s68 applications
Over the past few years, we have seen a substantial rise in the number of applications to the English court challenging arbitral awards on grounds of …
English High Court upholds two challenges to jurisdiction
The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack of …
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