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…
A. LEGISLATION AND RULES A.1 Legislation In September 2022, the Law Commission published its long awaited Consultation Paper…
Earlier this year, the English Court of Appeal in Lifestyle Equities CV and another v Hornby Street (MCR)…
No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…
A. LEGISLATION AND RULES A.1 Legislation On 30 November 2021, the Law Commission announced that it will be…
The LCIA’s 2020 Casework Report reveals that the London arbitration market is busier than ever, at least in…
All well that ends well? After more than four years since the Brexit vote and just one week before the end of the Withdrawal Agreement between the United Kingdom and the European Union, both parties have reached a last-minute agreement on the future of trade and cooperation between them: the EU-UK Trade and Cooperation Agreement. This Agreement provisionally enters into force on 1 January 2021 and sets the ground rules for the new partnership between…