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In Applicable Law

English Court of Appeal provides much needed clarity on the proper law of an arbitration agreement – victory for the curial law

by 10 Mins Read

Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two candidates of usual choice are (i) the law applicable to the underlying agreement containing the arbitration agreement and (ii) the seat (legal place) of the arbitration (i.e., curial law), which is often stipulated in the arbitration agreement. The position under English law was not entirely clear, giving rise to confusion and…

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In England and Wales

Rare successful challenge to arbitral award on a point of law

by 6 Mins Read

In Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm), the English High Court granted a rare successful appeal against an arbitral award pursuant to section 69 of the Arbitration Act 1996 and held that the arbitral tribunal had been wrong to conclude that the claim was not contractually time barred. Background MTM Trading LLC (the “Owners”) were the owners of a vessel which was charted to Tricon Energy Ltd (the “Charterers”) under…

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In Arbitration Agreements

The Swedish Supreme Court requests a preliminary ruling from the CJEU on the validity of an arbitration agreement in light of the Achmea ruling

by 4 Mins Read

The case concerns a damage claim between a Luxembourg company and the Republic of Poland. The arbitral tribunal determined, in one separate and one final award, that Poland had violated its obligations under an intra-EU bilateral investment treaty (BIT) between Poland, Luxembourg and Belgium by expropriating the Luxembourg company’s shareholdings in a Polish bank, and subsequently, the company was entitled to damages. The awards were challenged by Poland inter alia on the grounds that the…

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In COVID-19

MAC Clauses in light of COVID-19

by and 7 Mins Read

At the beginning of 2020, it became known that the Polish airline company LOT decided to purchase its German rival which was part of the Thomas Cook Group which became insolvent in 2019. The deal was signed in January, but on 13 April 2020, it became known that LOT pulled out of the deal because of COVID-19.[1] This is a prominent example, but certainly not the only example where a purchaser of a company might try…

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