Overview Thanks to the Jackson reforms, when a matter is litigated in a UK court, the fees associated with third party funding are not recoverable. However, the question of whether these costs should be recoverable in an arbitration (and whether a decision to award them amounted to a serious procedural irregularity under Section 68 of the Arbitration Act (the “Act”)) had not been addressed. Until now. In the recently heard case of Essar Oilfields Services…
In a recent Iranian gas contract dispute, the High Court of England and Wales rejected an attempt to…
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, as well as businesses that are or may at some point be involved in disputes, are recommended to consider how this referendum will affect them. This article discusses some of the implications of the referendum for international commercial arbitration: what it means for ongoing London arbitrations (at 1.), what it means for future disputes (at 2.), and…
“According to the fair play of the world, Let me have audience.” William Shakespeare Whilst Shakespeare’s words echo…
The topic of arbitrator bias has been the subject of two recent English law cases: W Limited v.…
One of the central questions considered by the court in Barrier Limited v Redhall Marine Limited [2016] EWHC 381 (QB) was whether an arbitration clause from a contract (the “Main Contract”) between A and B had been incorporated into a subcontract between B and C. Background facts: The applicant was the subcontractor, engaged to paint the interior and exterior of Astute class submarines. It applied to the court for pre-action disclosure against the respondent, who…
In a recent case the English High Court refused to apply the IBA Guidelines on Conflicts of Interest…
On 19 January 2016, the English High Court in Pencil Hill Ltd v US Citta Di Palermo SpA…
You might have asked yourself whether it really makes a difference whether you agree in your arbitration clause on the ICC Arbitration Rules or any other international arbitration rules. You will find the answer to this question in this latest Chart of Arbitral Institutions comparing the ICC, LCIA, SCC, CIETAC, SIAC, HKIAC, and UNCITRAL Arbitration Rules.