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Litigation and Arbitration: A “complementary” approach

As we discussed in our blogpost last year, in March 2016, England's Lord Chief Justice, Lord Thomas, delivered a much debated speech in which...

UK Supreme Court rules on whether award debtors can be ordered to pay security...

In a landmark decision, the UK Supreme Court has determined that the New York Convention does not permit domestic courts to require the provision...

Investor State Arbitration under CETA: Key Provisions and What to Watch for in 2017

The Comprehensive Economic and Trade Agreement ('CETA') between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European...

A Zero Sum Analysis of Arbitration and Litigation is to the Detriment of Both:...

Lord Thomas: Rebalancing the relationship between the courts and arbitration Lord Thomas's Bailii Lecture on 9 March 2016 has been the subject of much comment,...

The recoverability of third party funding in arbitration

Overview Thanks to the Jackson reforms, when a matter is litigated in a UK court, the fees associated with third party funding are not recoverable....

England & Wales: Setting Aside Arbitral Awards on the basis of Bribery or Corruption:...

In a recent Iranian gas contract dispute, the High Court of England and Wales rejected an attempt to set aside an arbitration award on...

England and Wales: The powers and limitations of the court in arbitration

The court's power to make appointments to an arbitral tribunal and the limitations it faces under the Arbitration Act 1996 were recently considered in...

Silver Linings Playbook: The potential upside of Brexit for investment treaty arbitration

In a recent article on Brexit and International Arbitration, we explained our view that the UK's departure from the EU would have only a...

A Price of Independence: Brexit and International Arbitration

On 23 June 2016, the British public voted 51.9% in favor of leaving the EU (“Brexit“). Legal practitioners, as well as businesses that are...

Fair Play – Bias in Arbitration and Adjudication

“According to the fair play of the world, Let me have audience.” William Shakespeare Whilst Shakespeare's words echo in English law and legal practice, what...