Key takeaways The Carpatsky[1] case is interesting for a number of reasons as it: underlines the deference paid to decisions of supervisory courts and the importance of raising all available arguments before those courts when seeking to challenge or appeal an arbitral award; is a helpful reminder of the English courts’ approach towards the doctrines of issue estoppel and abuse of process in enforcement proceedings; emphasises the importance of election in available arguments as to…
In Xstrata Coal v Benxi Iron & Steel ([2020] EWHC 324 (Comm))[1], the English High Court permitted a…
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 a huge area of commercial activity, giving rise to an expanding number of disputes. In this chapter, John Leadley, a Dispute Resolution Partner based in London, discusses certain key procedural and tactical issues that can arise in M&A-related arbitrations, including requirements for notification of, and financial restrictions on, claims, and issues that arise once an arbitration commences,…
In Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm), the English High Court granted a…
The Court of Appeal has confirmed that the Court has jurisdiction to compel the evidence of third party…
In The Republic of Korea v Mohammed Reza Dayyani and others [2019] EWHC 3580 (Comm), the English High Court rejected an application by the Republic of Korea (“Korea”) to set aside an investment arbitration award pursuant to s67 of the Arbitration Act 1996, finding that a London-seated ad hoc tribunal had substantive jurisdiction to hear disputes between Korea and a group of Iranian investors (the “Dayyanis”) arising under a bilateral investment treaty between Korea and…
As the 2019 Novel Coronavirus (COVID-19) continues to spread across the world, businesses are facing significant levels of…
UNITED KINGDOM Kate Corby, Judith Mulholland, Dogan Gultutan and Katia Contos A. LEGISLATION AND RULES A.1 Legislation International…
The LCIA’s 2018 Casework Report provides another interesting snapshot of LCIA arbitration in numbers, including improvements in a number of areas since its 2017 Casework Report. Caseload overview In 2018, a record 271 arbitrations were referred to the LCIA under the LCIA rules – an increase of over 16% on the 233 arbitrations referred under the LCIA rules in 2017. The LCIA’s caseload continued to be dominated by the Banking and Finance and Energy and…