On 31 May 2024, the London Court of International Arbitration (LCIA) released its Annual Casework Report for the year 2023 (Report). The Report provides an interesting insight into LCIA’s caseload over the past year, showing...more
Wash-out. A term synonymous with the Great British summer. But also, it seems, for the heralded Arbitration Bill, which was a glaring omission from the legislation considered by Parliament in the frantic few days before its...more
On 23 November 2023, the UK government published its response to its consultation on the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague...more
On 7 November 2023, His Majesty King Charles III delivered his first King’s Speech during the State Opening of Parliament. During his speech, His Majesty outlined the UK Government’s legislative priorities over the next...more
The High Court has recently handed down its judgment in the case of The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm). The case concerned the Federal Republic of Nigeria's...more
In September, the Supreme Court overturned a decision by the Court of Appeal to grant a stay of proceedings in the case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and others [2023] UKSC 32. The Supreme...more
The Law Commission of England and Wales has completed its long-awaited review of the Arbitration Act 1996. On 6 September it published its final report that set out its recommendations on how the regime governing arbitration...more
The UK Supreme Court (UKSC) recently ruled, by a majority of four-to-one, that litigation funding agreements (LFAs) — which entitle litigation funders to a payment based on the level of damages recovered in the case — are...more
In Eternity Sky Investments Ltd v Mrs Xiaomin Zhang [2023] EWHC 1964 (Comm), the English Commercial Court refused to set aside an order for the enforcement of an arbitration award made in Hong Kong. The court rejected the...more
In Payward Inc, Payward Ventures Inc and Payward Ltd v Chechetkin [2023] EWHC 1780 (Comm), the English Commercial Court refused to enforce a California-seated arbitration award, on the basis that enforcement would contravene...more
On 26 May 2023, the London Court of International Arbitration (LCIA) released its Annual Casework Report for the year 2022 (Report). The Report provides some insight into the LCIA’s work over the past year and reveals a solid...more
In autumn last year, the Law Commission of England and Wales published its review of the U.K. Arbitration Act 1996 (the First Paper). We outlined some of the Law Commission’s proposals in the First Paper in our update from...more
The Arbitration Act 1996 came into force on 31 January 1997. Twenty-five years later it is still the gold-standard legal framework for arbitration.
On 22 September 2022, the Law Commission of England and Wales published...more
The London Chamber of Commerce and Industry launched the London Chamber of Arbitration and Mediation (LCAM) in May 2020. This was a relaunch of the chamber of commerce’s original London Chamber of Arbitration, founded in...more
In our recent update Assessing the LCIA’s 2021 Annual Casework Report we reported that there had been a dip in the number of cases referred to international arbitration institutions in 2021. Further, the London Court of...more
In a potentially major setback to judicial cooperation across Europe, the European Commission has issued a statement that the UK should not be allowed to join the 2007 Lugano Convention (the “Convention”). In their...more
Background -
The exit of the United Kingdom from the European Union is heading towards another periodic climax with the exit date currently set for 31 October 2019. The U.K. Supreme Court today held that the Prime...more
In Part 8 proceedings in Citibank, N.A., London Branch v Oceanwood Opportunities Master Fund, the English High Court grappled with an Indenture governed by New York law and an Intercreditor Agreement (ICA) governed by English...more
Questions on conflict of laws can be fiendishly difficult to decipher. When the U.K. Supreme Court rules on this topic, it is important to take note....more
A weapon of value to litigants in England is the ability to seek disclosure of documents from a likely party to litigation before proceedings begin. The benefits of such disclosure are numerous; the applicant can obtain...more
In the recent football case of Bony v Kacou & Ors [2017 EWHC 2146 (Ch)], the High Court was asked to consider whether an arbitration agreement would be implied into a contract.
The FA Rules of Association -
The Football...more
Serving judicial and extrajudicial documents abroad involves a complex patchwork of domestic legislation and international treaties. The recent High Court judgment in Marashen Limited v Kenvett Limited and Dmitry Ivanchenko...more
Heralded as the new dawn for private competition litigation, the Consumer Rights Act 2015 introduced a procedural mechanism for collective proceedings — “class actions” — in the U.K. However, to date, only two applications...more
Enforcing judgments expeditiously across borders is critical for multinational businesses. It is important to understand whether cross-border enforcement is practicable before pursuing proceedings.
The EU has legislation...more
The U.K. has voted, in a popular referendum, to leave the EU. The referendum is not legally binding and the result was extremely narrow: 51.9 percent in favor of leaving, 48.1 percent in favor of remaining. This partly...more
6/28/2016
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