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UK Arbitration Act 2025 - key changes for commercial parties

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

Governing law of an arbitration agreement: Supreme Court Enka v Chubb

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

Arbitration: English seat does not guarantee English governing law and anti-suit injunction

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

Defining the seat of arbitration: when “venue” means legal seat

In proceedings to enforce a USD6.6 billion arbitration award against the Federal Republic of Nigeria (Nigeria), which was resisted on the grounds that the arbitration was not seated in England, the court held that a reference...more

Third party debt orders and letters of credit

The Supreme Court decided that the legal ‘location’ (situs) of a debt due under a letter of credit is the place of residence of the debtor, not where the debt is due to be paid. The decision opens the door for third party...more

11/14/2017  /  Arbitration , Banks , Debtors , Oil & Gas , UK
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