Arbitration Notes

THE SEYCHELLES ACCEDES TO 1958 NEW YORK CONVENTION

COURT OF APPEAL REFUSES TO ENFORCE AN ARBITRATION AWARD AGAINST A NON-PARTY

ENGLISH HIGH COURT REFUSES TO AWARD COSTS TO CLAIMANT DESPITE SUCCESSFUL ENFORCEMENT OF ICC ARBITRATION AWARD

ENGLISH HIGH COURT OVERTURNS AN ARBITRAL AWARD AS IT HOLDS THAT AN ARBITRAL TRIBUNAL LACKED JURISDICTION OVER A DISSOLVED COMPANY PURSUANT TO SECTION 67 OF THE ENGLISH ARBITRATION ACT

The English Commercial court has overturned an arbitral award under section 67 of the English Arbitration Act 1996, finding that an arbitral tribunal …

ENGLISH COURT UPHOLDS S68 CHALLENGE TO ARBITRAL AWARD AND CRITICISES TRIBUNAL FOR TWO-YEAR DELAY

An arbitral award was recently challenged in the English High Court (the Court) in K v P [2019] EWHC 589 (Comm). In a rare example of a successful …

CJEU CONFIRMS THAT CETA DISPUTE RESOLUTION PROVISION IS COMPATIBLE WITH EU LAW

ENGLISH HIGH COURT GRANTS INJUNCTION TO BLOCK JORDANIAN PROCEEDINGS SEEKING TO INVALIDATE AN ARBITRATION AGREEMENT

On 1 March 2019 the English court granted the claimant, ACT, a permanent anti-suit injunction against proceedings issued in  Jordan (the Jordanian …

Advocate General finds that CETA's "Investment Court System" is compatible with EU law

One of the Advocates General to the Court of Justice of the European Union, Advocate General Bot, has issued an opinion confirming that the mechanism for …

Arbitrator's independent inquiries amount to a serious irregularity – English court remits award back to arbitrator

The English High Court has upheld a challenge to an arbitration award on the grounds of serious irregularity, in Fleetwood Wanderers Ltd (t/a Fleetwood …

Facing cybersecurity head on: the arbitration community develops guidance on how to tackle this difficult issue

There is an emerging consensus among the arbitration community that parties, arbitral institutions and tribunals in individual arbitration matters must …

English High Court refuses to set aside order for enforcement under s103 in long-running dispute regarding ICC award

The English High Court has refused an application under s.103 of the Arbitration Act 1996 ("AA 1996") to set-aside an order allowing for the enforcement …

Implied horizontal contract prompts stay of proceedings S9 AA 1996

In Mercato Sports v Everton[1], the English High Court found that two parties were bound by an implied horizontal contract containing an arbitration …