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Myths Debunked: Preferences for Arbitration and Litigation

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No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the...

Baker McKenzie International Arbitration Yearbook 2021-2022 – United Kingdom

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A. LEGISLATION AND RULES A.1       Legislation On 30 November 2021, the Law Commission announced that it will be conducting a review of the Arbitration Act 1996...

The LCIA 2020 Casework Report – More international flavour and a first insight into...

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The LCIA’s 2020 Casework Report reveals that the London arbitration market is busier than ever, at least in part as a result of the...

New Inter-State-Arbitration Mechanism under the EU-UK Trade and Cooperation Agreement

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All well that ends well? After more than four years since the Brexit vote and just one week before the end of the Withdrawal...

Baker McKenzie International Arbitration Yearbook 2020-2021 – United Kingdom

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UNITED KINGDOM Judith Mulholland, Dogan Gultutan, Anna Storer, Janek Bednarz, Joanna Lees and Teresa Ryan A. LEGISLATION AND RULES A.1       Legislation International arbitration in England and Wales continues...

Arbitrator challenges: a practical guide

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1. A case for challenge Nothing is more important in arbitration than the impartiality and independence of arbitrators. Parties hand over their fundamental right to...

The Supreme Court in Enka v Chubb on the law applicable to the arbitration...

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Introduction In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) UKSC 38, the UK Supreme Court dismissed Chubb's appeal,...

English Commercial Court sets aside final award on jurisdiction for tribunal’s failure to identify...

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Introduction The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH & CO KG (MV Nortrader) EWHC...

Carpatsky Petroleum Corporation v PJSC Ukrnafta: issue estoppel and abuse of process in arbitration...

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Key takeaways The Carpatsky case is interesting for a number of reasons as it: underlines the deference paid to decisions of supervisory courts...

Section 68 challenge succeeds on the basis of serious irregularity caused by uncertainty or...

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In Xstrata Coal v Benxi Iron & Steel ( EWHC 324 (Comm)), the English High Court permitted a challenge made under section 68 of...