Arbitration
- Judgment on challenge to arbitrator should be made public Newcastle United Football Co Ltd v (1) The Football Association Premier League Ltd (2) Michael Beloff QC (3) Lord Neuberger (4) Lord Dyson [2021] EWHC 450 (Comm) (March 2021)
- Global expert services firm breaches conflicts undertaking by appointments in related arbitrations Secretariat Consulting Pte Ltd & ors v A Company [2021] EWCA Civ 6
- UK Supreme Court clarifies English law on arbitrators’ duties of impartiality, disclosure and confidentiality Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48
- Agreement on “non-binding” arbitration not an arbitration agreement IS Prime Ltd v (1) TF Global Markets (UK) Ltd (2) TF Global Markets (AUST) PTY LTD (3) Think Capital Ltd (2020) [2020] EWHC 3375 (Comm)
- Governing law of an arbitration agreement: UK Supreme Court ruling brings clarity Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 (December 2020)
- The governing law of an arbitration agreement and why it matters: Enka Insaat ve Sanayi SA v OOO “Insurance Co Chubb” & ors [2020] EWCA Civ 574, [2020] EWCA Civ 574 (June 2020)
- Which law governs an arbitration agreement where the governing law of the main contract and the seat of arbitration do not match? Kabab-Ji S.A.L. v Kout Food Group [2020] EWCA Civ 6 (April 2020)
- Wide interpretation of “investment” and “investor” in bilateral investment treaty: The Republic of Korea v Mohammad Reza Dayyani & 5 ors [2019] EWHC 3580 (Comm) (February 2020)
- Arbitration: English seat does not guarantee English governing law and anti-suit injunction: Enka Insaat ve Sanayi SA v OOO “Insurance Co Chubb” & ors (February 2020)
- Defining the seat of arbitration: when “venue” means legal seat: Process & Industrial Developments Ltd v Nigeria (October 2019)
- Sanctioned entity cannot claim interest for period when payment is prevented by financial sanctions: Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v International Military Services Ltd (October 2019)
- Unnamed principal can sue under arbitration agreement for foreign law remedy: Filatona Trading Ltd & anr v Navigator Equities Ltd & or (May 2019)
- No sovereign immunity for Ukraine against investment treaty award creditor: PAO Tatneft v Ukraine [2018] (Sept 2018)
- Mixed success in protecting arbitration agreement (July 2018)
- Arbitrator appointed multiple times in related arbitrations: Halliburton v Chubb (June 2018)
- Creeping expropriation of investment by foreign state (May 2018)
- Don’t delay if doubting jurisdiction of arbitration tribunal(March 2018)
- Service by email – arbitration Sino Channel Asia Ltd v Dana Shipping & Trading PTE Singapore & anr (Dec 2017)
- Injunction protects rights in oil development pending arbitration Pan Petroleum AJE Ltd v Yinka Folawiyo Petroleum Co Ltd & ors (Dec 2017)
- Third party debt orders and letters of credit: Taurus Petroleum Ltd v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 (Nov 2017)
- Bona fide challenge to arbitral award cannot be subject to security order IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Mar 2017)
- Abuse of process and prior arbitral awards (Mar 2017)
- Emergency arbitrator provisions limit access to urgent relief from courts Gerald Metals S.A. v Timis & ors (Dec 2016)
- Costs of third-party funding awarded in arbitration Essar Oilfields Services Ltd v Norscot Management Pvt Ltd (Oct 2016)
- Restructuring business to take advantage of investment treaty - a cautionary tale (July 2016)
- Direct access insurance claims and anti-suit injunctions: Shipowners' Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakilyat Ve Ticaret AS ("Yusuf Cepnioglu" (June 2016)
- Structuring foreign investments: who qualifies as an "investor" under a bilateral investment treaty?: Gold Reserve Inc v Bolivarian Republic of Venezuela (Apr 2016)
- "Weaknesses" in the IBA guidelines on conflicts of interest: W Ltd v M Sdn Bhd (Apr 2016)
- Arbitrator bias: financial dependence and inappropriate conduct: Cofely Ltd v Anthony Bingham & Knowles Ltd (Apr 2016)
- Penalty decider: High Court allows enforcement of arbitration award which includes a contractual penalty: Pencil Hill Ltd v US Città Di Palermo S.p.A (Unreported) QBD (Merc) (Manchester) (Apr 2016)
- Kurdistan regional government's sovereign immunity plea fails in English court: Pearl Petroleum Co Ltd & ors v Kurdistan Regional Government of Iraq (Jan 2016)
- Arbitral award enforced despite bona fide challenge at the seat: IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp (No 3) (Jan 2016)
- Arbitration agreements and foreign laws that do not give effect to mandatory principles of EU law: Accentuate Ltd v ASIGRA Inc; Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc (June 2015)
- Third party bound by arbitration agreement which it never signed: The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & anr (June 2015)
- CJEU potentially opens the back door to court ordered anti-suit injunctions in the EU: Gazprom OAO (May 2015)
- Arbitration awards: when does an amendment amount to a new award?: Union Marine Classification Services v The Government of the Union of Comoros (May 2015)
- GBP 200 millione-borders arbitration award set aside: Home Department v Raytheon Systems Ltd (Raytheon I) and (Raytheon II) (April 2015)
- Effect of cross-border insolvency on contractual time bar: Bank of Tokyo-Mitsubishi UFJ Ltd v Owners of the MV Sanko Mineral (Jan 2015)
- The LCIA's New 2014 Arbitration Rules (Oct/Nov 2015)
- Agreement to attempt to resolve dispute by "friendly discussion" before commencing arbitration proceedings is enforceable: Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd (Aug/Sep 2014)
- Commercial Court refuses to stay proceedings where arbitration clause required parties to "endeavour" to arbitrate a dispute: Christian Kruppa v Alessandro Benedetti & anr (Aug/Sep 2014)
- Arbitration award upheld by the English court in the face of allegations of bribery (Jun/Jul 2014)
- Anti-suit injunction granted to protect arbitration agreement even though no arbitration: AES applied: Boris Bannai v Eitan Shlomo Erez (Trustee in Bankruptcy of Eli Reifman) (Jan 2014)
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