Overview In A v B [2017] EWHC 3417 (Comm), the High Court considered whether a single Request for Arbitration was valid in the context of multiple disputes arising under two separate arbitration agreements. The judgment provides clarification on the time limits for a party to issue a jurisdictional challenge when arbitral proceedings are underway. Factual Background The parties entered into two contracts, governed by English law, for two consignments of crude oil. The contracts were…
The LCIA has recently published summaries of 32 decisions of the LCIA Court relating to challenges made against…
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 orders, including granting interim injunctions, in support of foreign seated arbitrations. While the natural court for granting interim injunctive relief in support of arbitration is the court of the country of the seat of the arbitration, the English court will grant interim relief in support of foreign seated arbitrations where it is appropriate to do. However, the…
Given the flows of credit through London, the Third Party Debt Order is a useful tool in the…
For those not familiar with the relevant rules, the calculation of the time limit for challenging an English…
Overview The recent judgment in UMS Holding Ltd & Ors v Great Station Properties SA & Anor [2017] EWHC 2398 saw Mr Justice Teare dismiss challenges to an arbitration award brought under section 68 of the Arbitration Act 1996 (“AA 1996”). The judgment includes valuable guidance on the proper scope and effect of section 68 particularly in the context of a tribunal’s approach to evidence. The court concluded that a failure to address or take…
Autoridad del Canal de Panama v Sacyr SA and others [2017] EWHC 2228 (Comm) and [2017] EWHC 2337…
In Maximov v NMLK[1] the English Commercial Court tackled again the thorny issue of the enforcement of a…
1. Summary Could permission to set aside the English court’s permission to enforce a Swedish arbitral award allegedly obtained by fraud be granted in circumstances where the Swedish courts had dismissed an application to set aside the award? In Anatolie Stati and others v Republic of Kazakhstan [2017] EWHC 1348 (Comm), the English court held that the Respondent had established a sufficient case that an arbitral award had been obtained by the fraud of the…