In Xstrata Coal v Benxi Iron & Steel ([2020] EWHC 324 (Comm))[1], the English High Court permitted a challenge made under section 68 of the Arbitration Act 1996 by the successful party in the arbitration on the basis that (as a result of uncertainty surrounding the parties to the arbitration agreement) there was ambiguity as to the award’s effect. The uncertainty was demonstrated by the refusal of a Chinese court to enforce the award on…
Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both…
M&A transactions, which typically involve share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, are…
In Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm), the English High Court granted a rare successful appeal against an arbitral award pursuant to section 69 of the Arbitration Act 1996 and held that the arbitral tribunal had been wrong to conclude that the claim was not contractually time barred. Background MTM Trading LLC (the “Owners”) were the owners of a vessel which was charted to Tricon Energy Ltd (the “Charterers”) under…
The Court of Appeal has confirmed that the Court has jurisdiction to compel the evidence of third party…
In The Republic of Korea v Mohammed Reza Dayyani and others [2019] EWHC 3580 (Comm), the English High…
As the 2019 Novel Coronavirus (COVID-19) continues to spread across the world, businesses are facing significant levels of instability and uncertainty caused by weakened financial markets and disruption to workplace operations and business pipelines. It is almost certain that such instability and uncertainty will result in a growth in the number and types of disputes, as businesses become unable (or unwilling) to perform existing contractual obligations and/or have to re-adjust to new pressures on their…
UNITED KINGDOM Kate Corby, Judith Mulholland, Dogan Gultutan and Katia Contos A. LEGISLATION AND RULES A.1 Legislation International…
The LCIA’s 2018 Casework Report provides another interesting snapshot of LCIA arbitration in numbers, including improvements in a…
The English High Court has confirmed in Daewoo Shipbuilding & Marine Engineering Company Ltd v Songa Offshore Equinox Ltd & Anor [2018] EWHC 538 (Comm) that the 28 day time limit for challenging or appealing an arbitral award under the English Arbitration Act 1996 (the “Act”) commences on the date the award is made and is not necessarily deferred pending any application to the tribunal to correct the award. This follows an earlier case confirming…