On 24 February, the UK Arbitration Act 2025 received Royal Assent. The new Act introduces a series of enhancements to the Arbitration Act 1996 following a review by the Law Commission. These changes aim to ensure the UK’s...more
In the latest decision in the Prestige saga, the English Court of Appeal has made two notable findings: it has refused to enforce a Spanish judgment on the basis that it would be contrary to public policy because it conflicts...more
2/6/2025
/ Anti-Suit Injunctions ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Enforcement ,
France ,
Immunity ,
International Arbitration ,
Jurisdiction ,
Spain ,
State Immunity Act 1978 (the SIA) ,
UK
The London Court of International Arbitration (LCIA) published a third analysis of the costs and duration of LCIA arbitrations on December 30, 2024. This iteration of the analysis has been long awaited, as it covers cases...more
A number of factors have led to a more uncertain environment for infrastructure investment globally as we move into 2022.
...more
NWA v NVF, hot on the heels of a similar decision in Sierra Leone v SL Mining Ltd [2021] EWHC 286 (Comm), confirms that, under English law, non-compliance with a pre-arbitral obligation to mediate is a matter of the...more
The UK Supreme Court refused to enforce an ICC arbitration award against a Kuwaiti company. Where the governing law of an arbitration agreement was not specified, the governing law of the contract (English law) applied,...more
In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court recognised for the first time that there is an ongoing, statutory duty in English law, which requires arbitrators to disclose facts or...more
12/7/2020
/ Appeals ,
Arbitration ,
Arbitrators ,
Bias ,
Disclosure Requirements ,
Halliburton ,
Impartiality ,
International Chamber of Commerce (ICC) ,
LCIA ,
UK ,
UK Supreme Court
In Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court unanimously held that, if the parties have chosen a governing law for a contract containing an arbitration clause, this would...more
The English High Court (Andrew Baker J) has refused to hear an application for an anti-suit injunction to restrain proceedings in Russia allegedly in breach of an arbitration agreement. The court concluded that it was not an...more
The International Swaps and Derivatives Association (ISDA) (advised by Allen & Overy LLP) has published a second edition of its Arbitration Guide (the 2018 ISDA Arbitration Guide). While the basic structure of the Arbitration...more
Potential arbitration claims arising from three acts affecting investors in natural resources projects in Tanzania
INTRODUCTION -
In July 2017, three new laws (the Acts) entered into force in Tanzania which could have...more
The Commercial Court has stated that it is within an arbitral tribunal’s discretion to award to a claimant its costs of third-party funding, including the uplift payable by the claimant in the event of success. This decision...more
The Privy Council decision in Anzen Ltd & ors v Hermes One Ltd [2016] UKPC 1, 18 January 2016, has important implications for the drafting of arbitration clauses. The Privy Council held that an arbitration clause providing...more
The London Court of International Arbitration (“LCIA”) has published in final form its new arbitration rules (the “2014 Rules”), which will apply to arbitrations commenced after 1 October 2014. ...more