Baker McKenzie has 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 Bill’s 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 that the Act remains…
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 (“Final Award”) rendered under the Judicial Arbitration and Mediation Services (“JAMS”) 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 (“CRA”) and the Financial Services and Markets Act 2000 (“FSMA”). Factual Background The underlying dispute was between three…
What constitutes a material adverse change or a material impact on the profitability of a target company? In…
On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international…
A. LEGISLATION AND RULES A.1 Legislation In September 2022, the Law Commission published its long awaited Consultation Paper containing provisional law reform proposals aimed at ensuring the Arbitration Act 1996 (“Act”) remains “state of the art.” The Consultation Paper reports that the view from stakeholders is that the Act “works well” and that “root and branch reform is not needed or wanted.”[1] However, it proposes a number of amendments to the Act, the most noteworthy…