Arbitration Notes

ENGLISH HIGH COURT GRANTS ANTI-SUIT AND ANTI-ANTI-SUIT INJUNCTIONS TO RESTRAIN RUSSIAN PROCEEDINGS BROUGHT BY SANCTIONED ENTITIES

ENGLISH HIGH COURT DISMISSES RUSSIA'S JURISDICTIONAL CHALLENGE ON BASIS OF STATE IMMUNITY IN YUKOS CASE

On 1 November 2023, in Hulley v Russian Federation [2023] EWHC 2704 (Comm), Mrs Justice Cockerill in the English High Court (the Court) dismissed a …

LAW COMMISSION'S RECOMMENDATIONS FOR REFORM OF ARBITRATION ACT TO BE CONSIDERED IN FORTHCOMING PARLIAMENTARY SESSION

The King's speech, which was delivered today (7 November 2023), confirmed that Parliament will consider the Law Commission's recommendations for the …

UPDATE: THE WINNER LOSES IT ALL? ENGLISH COURT UPHOLDS NIGERIA'S CHALLENGE TO $11bn AWARDS IN 140 PAGE MEGA-JUDGMENT

Observing that "the facts and circumstances of this case... are remarkable" and that he did not do so "without reluctance" Knowles J upholds challenge to …

TRILOGY OF APPLICATIONS FOR ANTI-SUIT INJUNCTIONS – 2 OUT OF 3 AIN'T BAD!

There has been a trilogy of applications for anti-suit injunctions (ASIs) in the English courts brought by three banks (Deutsche Bank, Commerzbank and …

UK Supreme Court interprets the "stay" provisions of s9 of the Arbitration Act 1996: rules Mozambique's claims fall outside scope of arbitration agreements and rejects s9 application for stay

Introduction In Republic of Mozambique v Privinvest Shipbuilding SAL and others [2023] UKSC 32, the Supreme Court has unanimously found the Republic of …

Law Commission publishes Final Report and draft Bill for amendments to the English Arbitration Act

The Law Commission today published its much anticipated Final Report on the English Arbitration Act (the Act), accompanied by a draft Bill. Although the …

The English Commercial Court dismisses an award challenge based on exclusion of evidence in patent dispute

The English Commercial Court, in Cipla Limited v Salix Pharmaceuticals, Inc. [2023] EWHC 910 (Comm), has dismissed a challenge pursuant to s68(2)(a) of …

Application for security for costs and security for the Award refused by English Court in investment treaty award challenge

In its recent judgment in The Czech Republic vs Diag Human and ors [2023] the English court has refused Diag Human's application for security for costs …

Third party funding for English-seated arbitration: do the English DBA regulations apply?

The English Supreme Court has confirmed in Paccar Inc v Road Haulage Association Ltd [2023] UKSC 28 that litigation funding arrangements based on a share …

HERBERT SMITH FREEHILLS PROMOTES THREE ARBITRATION SPECIALISTS TO ITS GLOBAL PARTNERSHIP

Herbert Smith Freehills has promoted nine Disputes lawyers to its partnership out of a total of 32 worldwide. The promotions in the Disputes practice, …

SIERRA LEONE PARLIAMENT APPROVES NEW ARBITRATION LEGISLATION