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…
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…
In Therium Litigation Funding A IC v Bugsby Property LLC[1] the English Commercial Court had its first opportunity to consider the enforceability of Litigation Funding Agreements (“LFAs”) following the decision of the Supreme Court in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others[2] (“PACCAR “). In PACCAR, the Supreme Court held that where litigation funders are to be remunerated by reference to a share of damages obtained by…
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…
Introduction English courts recently heard and determined three separate applications with near mirroring facts for anti-suit injunctions (“ASI”) brought by (i) Deutsche Bank, (ii) Commerzbank and (iii) an unknown entity given anonymisation of the judgment, all brought against RusChemAlliance LLC (“RCA”), a Russian entity in which Gazprom has a direct interest. All three cases relate to proceedings RCA initiated in Russia in breach of the relevant arbitration agreements. The application for ASI was refused in…
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…
What constitutes a material adverse change or a material impact on the profitability of a target company? In the recent decision in Finsbury Food Group plc v Axis Corporate Capital UK Ltd and others [2023] EWHC 1559 (Comm), the English Court ruled on this very relevant question. The Court rejected the claim of a policy holder of a Warranties and Indemnities (W&I) insurance policy on the ground that the policy holder had failed to establish a…