The topic of arbitrator bias has been the subject of two recent English law cases: W Limited v. M SDN BHD [2016] EWHC 422 (Comm) (which was covered in our recent blog post here) and Cofely Ltd v Bingham & Knowles Limited [2016] EWHC 240. These cases provide useful guidance on the factors considered by the English courts when assessing whether an arbitrator is conflicted and the circumstances under which the court will agree to…
One of the central questions considered by the court in Barrier Limited v Redhall Marine Limited [2016] EWHC…
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 enforced an arbitral award issued by the Swiss based Court of Arbitration for Sport (“CAS”) despite the award relying, in part, on a penalty clause in the contract (such clauses are unenforceable under English law). The Court rejected a challenge to the award, which had advanced as its grounds that enforcement of a penalty clause is contrary…
You might have asked yourself whether it really makes a difference whether you agree in your arbitration clause…
Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields,…
The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel and arbitrator in the same arbitration. The Bar Council, mindful of concerns raised on this issue by various bodies and international clients who are not accustomed to the “structure and culture of the English bar”, has sought to ensure that the “valuable protection given to clients by the availability of the independent bar is not compromised.” The…
On January 26, CPR announced a new Steering Committee for its Young Attorneys in Alternative Dispute Resolution Program…
Nowadays high value M&A transactions and project structures can be very complex, in particular involving a number of…
While nearly all international arbitral institutions now make provision in their rules for interim relief, national courts are often in a stronger position to provide and enforce such relief. Despite this, recent cases have demonstrated the increasing reluctance of the courts to undermine arbitral proceedings or to permit dual proceedings based on the same dispute. The recent case of Swallowfalls Ltd v (1) Monaco Yachting & Technologies Sam and (2) Peter Landers JR (2015) is…