The English High Court has confirmed in Daewoo Shipbuilding & Marine Engineering Company Ltd v Songa Offshore Equinox Ltd & Anor [2018] EWHC 538 (Comm) that the 28 day time limit for challenging or appealing an arbitral award under the English Arbitration Act 1996 (the “Act”) commences on the date the award is made and is not necessarily deferred pending any application to the tribunal to correct the award. This follows an earlier case confirming…
The Commercial Court has upheld a challenge under section 67 of the Arbitration Act 1996 (“AA 1996”) to…
The case of Agile Holdings Corp v Essar Shipping Ltd[1] clarifies the circumstances in which the court can…
In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) [M] (3) [N] (4) [P] [2018] EWCA Civ 817, in which Halliburton applied sought M’s removal on the grounds that circumstances existed that gave rise to justifiable doubts as to M’s impartiality under section 24(1)(a) of the Arbitration Act 1996 (the “AA 1996”) The overall factual backdrop is the Deepwater Horizon disaster. Halliburton Company (“Halliburton”)…
The rejection of SCM Financial Overseas Ltd’s (“SCM”) challenge to an US$ 860 million award in favour of…
Overview In A v B [2017] EWHC 3417 (Comm), the High Court considered whether a single Request for…
Summaries of 32 decisions relating to arbitrator challenges from 2010 to 2017 have been published. Provides users with a significant research tool relating to arbitrator challenges. The database of challenge decisions can be found here. The LCIA has recently published summaries of 32 decisions of the LCIA Court relating to challenges made against arbitrators between 2010 and 2017. The decisions show that the challenge to an arbitrator or tribunal was rejected in 25 cases, upheld…
Third party funding is a relatively new phenomenon in the UK; historically it had been viewed by the…
1. Summary In Company 1 v. Company 2 and another[1], the English court confirmed its jurisdiction to make…
Given the flows of credit through London, the Third Party Debt Order is a useful tool in the armoury of international award creditors seeking to enforce against monies of award debtors passing through England. The recent Supreme Court judgment in Taurus Petroleum Limited (Appellant) v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (Respondent) [2017] UKSC 64, which was decided on a thin 3:2 majority, is therefore important to the international…