In Xstrata Coal v Benxi Iron & Steel ([2020] EWHC 324 (Comm))[1], the English High Court permitted a challenge made under section 68 of the Arbitration Act 1996 by the successful party in the arbitration on the basis that (as a result of uncertainty surrounding the parties to the arbitration agreement) there was ambiguity as to the award’s effect. The uncertainty was demonstrated by the refusal of a Chinese court to enforce the award on…
The role of the courts in the development of arbitration proceedings is undeniably crucial. The 15th Civil Chamber of…
Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both…
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties (“BITs”) concluded between EU member states, which peaked upon the issuance of the judgment in the case between Slovakia and Achmea by the CJEU on 6 March 2018.[1] In this judgment the CJEU examined the arbitration clause concluded in the Netherlands-Czechoslovakia BIT, and came to the conclusion that this clause was not in line with EU law.…
M&A transactions, which typically involve share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, are…
In Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm), the English High Court granted a…
The Finland Arbitration Institute (“FAI”) administers domestic and international arbitrations governed by its Arbitration Rules and the Rules for Expedited Arbitration. These rules were fully revised in 2013, and have now been updated with the revision that entered into force 1 January 2020 (the “2020 Rules”). The 2020 Rules contain individual improvements to the 2013 Rules, with the aim of speeding up and streamlining the arbitration process. Key changes include further possibilities to deliver documents…
Paris Court of Appeal, 25 February 2020, No. 17/18001 Prakash Steelage Ltd. (“Prakash Steelage” or “Respondent”), an Indian…
The case concerns a damage claim between a Luxembourg company and the Republic of Poland. The arbitral tribunal…
The Court of Appeal has confirmed that the Court has jurisdiction to compel the evidence of third party witnesses in arbitration proceedings under s. 44(2)(a) of the Arbitration Act 1996. However, the Court’s jurisdiction against third parties in respect of other powers under s. 44 remains an open question for future judicial development. Introduction England and Wales has long been known as an arbitration-friendly jurisdiction. That reputation is in part founded upon the tools available…