Introduction On 30 December 2024, the London Court of International Arbitration (âLCIAâ) published its third costs and duration analysis (the â2024 Reportâ), covering all cases which reached a final award between 1 January 2017 and 12 May 2024. This builds on its previous report, Facts and Figures â Costs and Duration: 2013-2016, published in October 2017 (the â2017 Reportâ and together with the 2024 Report the âReportsâ). The 2024 Report covers a longer time period…
A. LEGISLATION AND RULES A.1 Legislation The Arbitration Bill (“Bill”), which was introduced into Parliament in late 2023,…
Introduction The UK Supreme Court has now provided its reasons for an earlier decision to uphold a decision…
On 11 April 2024, Baker McKenzie launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The Tracker provides an overview of the Arbitration Bill, a guide to the key proposed changes and implications if the Bill is passed, and maps out the Billâs progress, which will be updated regularly. The UK government asked the Law Commission to review the Arbitration Act 1996 to determine whether any amendments are required in order to ensure…
In Therium Litigation Funding A IC v Bugsby Property LLC[1] the English Commercial Court had its first opportunity…
It is often observed that successful challenges to arbitration awards are rare and that this, perhaps in itself,…
A. LEGISLATION AND RULES A.1 Legislation Following the Law Commission’s two Consultation Papers in September 2022 and March 2023, the Arbitration Bill (“Bill”) was introduced into Parliament in late 2023. The Bill proposes to amend the Arbitration Act 1996 (“1996 Act”), the principal legislation governing arbitration in England and Wales and in Northern Ireland, to ensure that the 1996 Act remains fit for purpose. The Bill was introduced into the House of Lords under the…
Introduction English courts recently heard and determined three separate applications with near mirroring facts for anti-suit injunctions (“ASI”)…
The Law Commission has published its final report (here), and a summary (here), on its detailed review of…
On 14 July 2023, the English High Court denied the enforcement of an arbitral award (âFinal Awardâ) rendered under the Judicial Arbitration and Mediation Services (âJAMSâ) Arbitration Rules in San Francisco, California. The presiding judge, Mr Justice Bright, held that the Final Award was contrary to UK public policy as outlined under the Consumer Rights Act 2015 (âCRAâ) and the Financial Services and Markets Act 2000 (âFSMAâ). Factual Background The underlying dispute was between three…