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…
UNITED KINGDOM Judith Mulholland, Anna Storer and Joanna Lees A. LEGISLATION AND RULES A.1 Legislation International arbitration in…
1. A case for challenge Nothing is more important in arbitration than the impartiality and independence of arbitrators.[i]…
In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38, the UK Supreme Court dismissed Chubb’s appeal, affirming the Court of Appeal’s conclusion that the arbitration agreement (contained in an underlying agreement) was governed by English law (as the applicable curial law), not by Russian law (which Chubb argued was the law applicable to the underlying agreement). However, the Supreme Court reached this conclusion applying an entirely different line…
Introduction The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH…
The Carpatsky[1] case is interesting for a number of reasons as it: The case demonstrates that parties seeking…
In Xstrata Coal v Benxi Iron & Steel ([2020] EWHC 324 (Comm))[1], the English High Court permitted a challenge made under section 68 of the Arbitration Act 1996 by the successful party in the arbitration on the basis that (as a result of uncertainty surrounding the parties to the arbitration agreement) there was ambiguity as to the award’s effect. The uncertainty was demonstrated by the refusal of a Chinese court to enforce the award on…
Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both…
M&A transactions, which typically involve share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, are…
In Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm), the English High Court granted a rare successful appeal against an arbitral award pursuant to section 69 of the Arbitration Act 1996 and held that the arbitral tribunal had been wrong to conclude that the claim was not contractually time barred. Background MTM Trading LLC (the “Owners”) were the owners of a vessel which was charted to Tricon Energy Ltd (the “Charterers”) under…