Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again took up the issue of enforcement of an annulled award. This time, noting different facts, the Second Circuit affirmed a District Court’s decision to not enforce an annulled award that had been annulled after the original judgment of confirmation. The circumstances of this case are unique: The award was originally enforced in two secondary jurisdictions (the U.S.…
As we discussed in our blogpost last year, in March 2016, England’s Lord Chief Justice, Lord Thomas, delivered…
In a landmark decision, the UK Supreme Court has determined that the New York Convention does not permit…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European trade is likely to be significant in the wake of Brexit and the uncertain future of American trade policy. The Investment Court System (‘ICS’) of CETA has been hotly debated, and in 2016 threatened to derail the entire agreement when the local Parliament of Wallonia, Belgium initially vetoed the agreement. The…
Lord Thomas: Rebalancing the relationship between the courts and arbitration Lord Thomas’s Bailii Lecture on 9 March 2016…
Overview Thanks to the Jackson reforms, when a matter is litigated in a UK court, the fees associated…
In a recent Iranian gas contract dispute, the High Court of England and Wales rejected an attempt to set aside an arbitration award on the grounds of alleged corruption and bribery.[i] This judgment is a helpful reminder of how English courts deal with attempts to have awards set aside on this basis. However, the state of the relevant underlying English common law in this area is such that it should be closely watched.Yet another oil…
The court’s power to make appointments to an arbitral tribunal and the limitations it faces under the Arbitration…
On 23 June 2016, the British public voted 51.9% in favor of leaving the EU (“Brexit“). Legal practitioners,…
“According to the fair play of the world, Let me have audience.” William Shakespeare Whilst Shakespeare’s words echo in English law and legal practice, what fair play actually looks like in our modern, complicated and interconnected world has been the subject of debate of late. Specifically, the topic of bias in arbitration has been put under the microscope by two noteworthy judgments of the English High Court and new International Chamber of Commerce (ICC) guidance…