England and Wales Archives

In England and Wales

English High Court denied enforcement to arbitral award because it violated the Consumer Rights Act 2015 and the Financial Services and Markets Act 2020

September 6, 2023 by Dr. Markus Altenkirch and Queenie Yiu 6 Mins Read

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…

In England and Wales

Post-M&A Litigation: England & Wales High Court rules on “Material Adverse Change in Trading Position”

August 28, 2023 by Brigitta John Vallickad, Dr. Markus Altenkirch and Richard Molesworth 9 Mins Read

What constitutes a material adverse change or a material impact on the profitability of a target company? In…

In Arbitration Agreements

Kout Food: The autonomy and independence of the arbitration clause in the absence of an express will of the parties

April 14, 2023 by Marine de Bailleul and Rima Bouguecha 4 Mins Read

On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international…

In England and Wales

Baker McKenzie International Arbitration Yearbook 2022-2023 – England and Wales

January 1, 2023 by Kate Corby, Judith Mulholland, Katia Contos and Ella Thackray 20 Mins Read

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…

In England and Wales

Law governing arbitration agreement, rather than the law governing the trade marks, binds non-parties as successors in title to the trademarks

July 4, 2022 by Emma Flett 7 Mins Read

Earlier this year, the English Court of Appeal in Lifestyle Equities CV and another v Hornby Street (MCR)…

In Brazil

Myths Debunked: Preferences for Arbitration and Litigation

March 29, 2022 by 5 Mins Read

No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration…

In England and Wales

Baker McKenzie International Arbitration Yearbook 2021-2022 – United Kingdom

January 1, 2022 by Kate Corby, Judith Mulholland, Anjuli Patel and Katia Contos 23 Mins Read

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 (“Act”), which governs international arbitration in England and Wales.[1] The purpose of the Law Commission’s review is to ensure that the Act is “as clear, modern and efficient as possible,” in order to preserve the long-standing attractiveness of England and Wales as a forum for dispute resolution and the…

In COVID-19

The LCIA 2020 Casework Report – More international flavour and a first insight into the impact of Covid-19 on the London arbitration market

May 27, 2021 by Baker McKenzie 5 Mins Read

The LCIA’s 2020 Casework Report reveals that the London arbitration market is busier than ever, at least in…

In Arbitration Agreements

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

January 11, 2021 by Dr. Max Oehm and Elias Klodt 8 Mins Read

All well that ends well? After more than four years since the Brexit vote and just one week…

In England and Wales

Baker McKenzie International Arbitration Yearbook 2020-2021 – United Kingdom

January 1, 2021 by Judith Mulholland, Anna Storer and Joanna Lees 24 Mins Read

UNITED KINGDOM Judith Mulholland, Anna Storer and Joanna Lees A. LEGISLATION AND RULES A.1 Legislation International arbitration in England and Wales[1] continues to be governed by the Arbitration Act 1996 (“Arbitration Act”). There have been no amendments to the Arbitration Act since those amendments made to reflect the consequential references to the Consumer Rights Act 2015. Discussions around potential reform of the Arbitration Act continue, however to date no suggested amendments to the Arbitration Act…