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 in 6 cases and partially upheld in a further case. The summaries are anonymised and contain excerpts of the LCIA Court’s decisions as well as background context to the underlying arbitration in which the arbitrator…
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…
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]…
Autoridad del Canal de Panama v Sacyr SA and others [2017] EWHC 2228 (Comm) and [2017] EWHC 2337 (Comm) 1. Summary On 5 September 2017, Blair J, sitting in the Commercial Court, refused a stay under section 9(1) of the Arbitration Act 1996 (“Section 9(1)”) in respect of proceedings commenced pursuant to guarantees subject to an exclusive jurisdiction clause (the “English Law Guarantees”), in circumstances where there was a parallel arbitration in respect of (i)…
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…
In the recent anonymised judgment of P v Q and others [2017] EWHC 194 (Comm), the England & Wales Commercial Court gave some important guidance on delegation within Tribunals and the appropriate role of a Tribunal Secretary. An appointment as a Tribunal Secretary is often seen as a stepping stone for arbitration practitioners looking for their first arbitral appointment. This judgment will be of interest to current and aspiring Tribunal Secretaries, as well as to…