Overview In A v B [2017] EWHC 3417 (Comm), the High Court considered whether a single Request for Arbitration was valid in the context of multiple disputes arising under two separate arbitration agreements. The judgment provides clarification on the time limits for a party to issue a jurisdictional challenge when arbitral proceedings are underway. Factual Background The parties entered into two contracts, governed by English law, for two consignments of crude oil. The contracts were…
Hello Rules Revision! The German Arbitration Institute (DIS) revised its arbitration rules for the first time in 20…
In a groundbreaking decision of 6 March 2018, the European Court of Justice (CJEU) shook up the arbitration community.…
The LCIA has recently published summaries of 32 decisions of the LCIA Court relating to challenges made against arbitrators between 2010 and 2017. The decisions show that the challenge to an arbitrator or tribunal was rejected in 25 cases, upheld in 6 cases and partially upheld in a further case. The summaries are anonymised and contain excerpts of the LCIA Court’s decisions as well as background context to the underlying arbitration in which the arbitrator…
Third party funding is a relatively new phenomenon in the UK; historically it had been viewed by the…
Litigation funding, sometimes called third-party funding or litigation finance, is becoming increasingly popular in Switzerland these days. One…
According to the Polish Supreme Court – very far, as it allowed an arbitral award to modify the key provision of a contract on the basis of equity principles. The questions that arose before the Polish Supreme Court in recent setting aside proceedings[1] concerned the issue of modifying the remuneration agreed in a contract between two professional parties on the basis of the principles of equity. The Supreme Court had to answer the question of…
1. Summary In Company 1 v. Company 2 and another[1], the English court confirmed its jurisdiction to make…
Overview Following debate within the arbitration community regarding the proper scope of the role of a tribunal secretary…
Given the flows of credit through London, the Third Party Debt Order is a useful tool in the armoury of international award creditors seeking to enforce against monies of award debtors passing through England. The recent Supreme Court judgment in Taurus Petroleum Limited (Appellant) v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (Respondent) [2017] UKSC 64, which was decided on a thin 3:2 majority, is therefore important to the international…