Inside Arbitration: Issue 21
Marking a decade of Inside Arbitration, this edition brings together the themes shaping today’s international arbitration landscape
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07 October 2016
English High Court has no power to grant urgent relief under Arbitration Act where urgent relief could be granted by expedited tribunal or emergency arbitrator under LCIA Rules
In the recent case of Gerald Metals SA v Timis [2016] EWHC 2327 (Ch), the English High Court considered its power to grant urgent relief under s 44(3) of …
19 September 2016
English Court refuses to allow challenge to arbitral award to be discontinued
The English Court has recently held that a party will not be able to discontinue appeal proceedings challenging an arbitral award in circumstances where …
01 September 2016
The UK Independent Press Standards Organisation Launches Pilot Arbitration Scheme
In August 2016, the Independent Press Standards Organisation (IPSO) announced the launch of its pilot arbitration scheme. It comes nearly four years …
04 August 2016
Challenges to an LCIA award on grounds of serious irregularity and substantive jurisdiction dismissed by the English Court
In C v D [2016] EWHC 1893 (Comm), the Commercial Court (the Court) dismissed an attempt to set aside an LCIA Award. The claimants brought …
05 July 2016
Arbitral tribunal's refusal to strike out a claim could not be challenged under s68 or s69 of the Arbitration Act 1996
In a recent decision, the Mercantile Court dismissed two appeals under s68 (procedural irregularity) and s69 (error of law) of the Arbitration Act 1996 …
01 July 2016
English Court reiterates warning not to delay application for anti-suit injunction, regardless of jurisdictional challenge in the foreign proceedings
In ADM Asia-Pacific Trading PTE Ltd v PT Budi Semesta Satria [2016] EWHC 1427, the English Commercial Court rejected an application for an anti-suit …
23 June 2016
English Court of Appeal refuses permission to appeal dismissed s67 claim
In a further development in the case of Union Marine Classification Services LLC v The Government of the Union of Comoros covered on our blog here, the …
16 June 2016
English High Court refuses to determine the existence of a disputed arbitration clause prior to the commencement of arbitration proceedings
In a recent decision, the English High Court determined that it would be wrong in principle for the court to determine whether parties to a disputed …
19 May 2016
UK Supreme Court rules on section 69 challenge to an arbitral award: do the courts plan to take a more active role in arbitration?
On 11 May 2016 the Supreme Court handed down a ruling on a challenge to an arbitral award on a point of law, under section 69 of the Arbitration Act …
29 March 2016
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 …
11 March 2016
Court of Appeal clarifies the English Court's jurisdiction under section 67 of the Arbitration Act: the Court is not required to make any order at all even if the application is well-founded
The recent decision of the English Court of Appeal in Integral Petroleum SA v Melars Group Limited considers the jurisdiction of the court under s67 of …
03 March 2016
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 …
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Simon Chapman KC
Managing Partner, Disputes, Asia and Australia, Hong Kong and Korea Group
Andrew Cannon
Partner, Head of International Arbitration, London, Paris, India Group, Nordic Group, Africa Group, Kazakhstan Group, Ukraine Group and Central Asia Group
Dr Patricia Nacimiento
Partner, Germany, Central Asia Group, Kazakhstan Group, Latin America Group and Ukraine Group
Kathryn Sanger
Partner, Head of Disputes, China and Japan and Head of Private Capital, Asia, Hong Kong
Thierry Tomasi
Partner, Paris, Latin America Group and Africa Group
Christian Leathley
Partner, Head of International Arbitration, US, London, New York and Latin America Group
Craig Tevendale
Partner, Head of Energy, UK, London, Africa Group, Central Asia Group and Kazakhstan Group
Gitta Satryani
Managing Partner, Singapore Office, Singapore