On 11 April 2024, Baker McKenzie launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The Tracker provides an overview of the Arbitration Bill, a guide to the key proposed changes and implications if the Bill is passed, and maps out the Bill’s progress, which will be updated regularly. The UK government asked the Law Commission to review the Arbitration Act 1996 to determine whether any amendments are required in order to ensure…
Introduction The UK Supreme Court has upheld a recent decision by the English Court of Appeal (“CoA”) in…
In Therium Litigation Funding A IC v Bugsby Property LLC[1] the English Commercial Court had its first opportunity…
It is often observed that successful challenges to arbitration awards are rare and that this, perhaps in itself, demonstrates the English Courts’ desire to uphold the integrity of the arbitral proceedings and the awards that arise out of them. Developments in English court procedure, most recently the changes adopted in Section O of the Commercial Court guide, seek to discourage parties from pursuing appeals without proper merit.[1] Even then, where flaws appear in the arbitral…
A. LEGISLATION AND RULES A.1 Legislation Following the Law Commission’s two Consultation Papers in September 2022 and March…
Introduction English courts recently heard and determined three separate applications with near mirroring facts for anti-suit injunctions (“ASI”)…
The Law Commission has published its final report (here), and a summary (here), on its detailed review of the English Arbitration Act 1996 (the “1996 Act”), along with policy recommendations and a draft Bill comprising the proposed amendments. This will be presented to Parliament for consideration, and a decision as to whether to adopt the proposed amendments as set out in the draft Bill. So, if we are to get a revamped Arbitration Act next…
On 14 July 2023, the English High Court denied the enforcement of an arbitral award (“Final Award”) rendered…
What constitutes a material adverse change or a material impact on the profitability of a target company? In…
On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international arbitration community in the Kabab-ji/Kout Food case. Factual Background In July 2001, Lebanese company Kabab-Ji and Kuwaiti company Al-Homaizi Foodstuff Co. WWL (“Al-Homaizi”) entered into a ten-year franchise agreement to operate the “Kabab-Ji” restaurant brand in Kuwait. The franchise agreement, as well as the agreements concluded with each restaurant, provided for the application of English law and…