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English High Court Confirms Mediation Can Be Condition Precedent to Litigation

In Ohpen Operations UK Limited v. Invesco Fund Managers Limited, the English court held that mediation was a condition precedent to the commencement of litigation and, accordingly, stayed the proceedings to enable mediation...more

Enforcement of an Award Adjourned Against a Non-Party to an Arbitration Agreement

Parties should avoid uncertainties by stipulating the applicable law to the arbitration agreement. The decision in J (Lebanon) v. K (Kuwait) provides a useful analysis of which law (i.e., the law of the arbitration...more

Before Commencing Arbitration, Ensure That the Entity Being Sued Exists Under the Applicable Law

The English High Court held the tribunal lacked jurisdiction as the defendant ceased to exist. In Ga-Hyun Chung v. Silver Dry Bulk Co Ltd, the English High Court upheld a challenge to an award under Section 67 of the...more

Sections 68 and 69 of the Arbitration Act 1996 Have Bite!

A rare example of the English High Court varying an arbitral award. In Dakshu Patel v. Kesha Patel [2019] EWHC 298 (Ch), the English High Court upheld an appeal under section 69 of the Arbitration Act 1996 (the Act)...more

English High Court: Public Interest Outweighed Confidentiality of Arbitration

Non-parties are entitled to obtain documents related to an arbitration if the case falls within the “interests of justice” exception. In The Chartered Institute of Arbitrators v B, C and D, the English High Court granted...more

Arbitration Without An Express Arbitration Clause

Arbitral tribunal had jurisdiction despite the lack of an express arbitration clause. In Sonact Group Limited v Premuda Spa [2018] EWHC 3820, the English High Court confirmed that an arbitral tribunal had jurisdiction over...more

English Court of Appeal Upholds an Extension of Time to Commence Arbitration

The Court allows an application to extend time for bringing arbitration proceedings under section 12(3) of the Arbitration Act 1996. In the recent case of Haven Insurance Company Limited v EUI Limited (T/A Elephant...more

High Court Decision in Norske Skog: Puh! (Norwegian for Phew!)

Ruling confirms majority noteholder should not be disenfranchised from voting - The English High Court held that it had jurisdiction in a cross-border dispute involving the Norske Skog group (Norske Skog), and confirmed...more

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