Earlier this year, the English Court of Appeal in Lifestyle Equities CV and another v Hornby Street (MCR) Ltd and others [2022] EWCA Civ 51 had to consider whether a non-party was bound by an arbitration agreement and which law applied to it. The Court of Appeal (by majority) upheld the decision of the first instance judge to stay trade mark infringement proceedings in favour of arbitration on the basis that the claimant was bound…
No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration…
A. LEGISLATION AND RULES A.1 Legislation On 30 November 2021, the Law Commission announced that it will be…
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 Covid-19 pandemic. Caseload overview According to the 2020 Report, the LCIA had an “exceptional year”, seemingly due to the Covid-19 pandemic, with a record 407 arbitrations being referred to the LCIA under the LCIA Arbitration Rules. This marks an increase of 18% compared to 2019 (up from 346 referrals). Banking &…
All well that ends well? After more than four years since the Brexit vote and just one week…
UNITED KINGDOM Judith Mulholland, Dogan Gultutan, Anna Storer, Joanna Lees and Teresa Ryan A. LEGISLATION AND RULES A.1 …
1. A case for challenge Nothing is more important in arbitration than the impartiality and independence of arbitrators.[i] Parties hand over their fundamental right to have their dispute heard to one or more individuals in the hope that they will get it right. Arbitrators enjoy extensive power to decide on the merits and, apart from some limited circumstances, nothing can be done if they get it wrong.[ii] Faith in the fact that these individuals will…
Introduction In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38, the…
Introduction The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH…
Key takeaways The Carpatsky[1] case is interesting for a number of reasons as it: underlines the deference paid to decisions of supervisory courts and the importance of raising all available arguments before those courts when seeking to challenge or appeal an arbitral award; is a helpful reminder of the English courts’ approach towards the doctrines of issue estoppel and abuse of process in enforcement proceedings; emphasises the importance of election in available arguments as to…