Arbitration Notes

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 …

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 …

ENGLISH COURT RETAINS POWER TO AWARD COSTS AFTER ARBITRATION CHALLENGE DISMISSED

English Commercial Court refuses to issue anti-suit injunction for Paris arbitration in the case of SQD v QYP

In SQD v QYP [2023] EWHC 2145 (Comm), the English Commercial Court refused to issue an anti-suit injunction (ASI) and anti-enforcement injunction to stop …

No contract, no arbitration agreement? The separability principle explained

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA 1555, the Court of Appeal considered whether an arbitration agreement was …

English High Court confirms that a non-participating party may contest jurisdiction even though an arbitrator has been appointed

In National Investment Bank Ltd v Eland International (Thailand) Co. Ltd and another [2022] EWHC 1168 (Comm), the English High Court considered the …

English Commercial Court grants a final anti-suit injunction despite 13 month delay

In Africa Finance Corp and others v Aiteo Eastern E&P Company Ltd [2022] EWHC 768 (Comm), the English Commercial Court ruled that a 13 month delay in …

The English court retains its robust approach to challenges to arbitral awards: Commercial Court releases its statistics

The Judiciary of England and Wales has published the Commercial Court Report 2020-2021 (The Report). These reports are released annually to give an …

English Court sets aside award on the ground that the arbitral tribunal lacked substantive jurisdiction

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co., Ltd [2022] EWHC 181 (Comm), the Commercial Court has set aside an arbitral award under …

DETERRING AND SANCTIONING "SPECULATIVE" CHALLENGES TO ARBITRAL AWARDS IN THE ENGLISH COURT: REVISIONS TO THE COMMERCIAL COURT GUIDE

GAFTA RULES PERMIT CLAIMS UNDER MULTIPLE CONTRACTS IN SINGLE NOTICE OF ARBITRATION, SAYS ENGLISH COURT (THIS TIME)

In the recent decision in LLC Agronefteprodukt v Ameropa AG [2021] EWHC 3473 (Comm), the English Commercial Court (the 'Court') dismissed a …

ENGLISH COURT ONCE AGAIN UPHOLDS AWARD OF THIRD PARTY FUNDING COSTS IN ARBITRATION