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England and Wales

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In COVID-19

COVID-19: Implications for the future of Dispute Resolution

by and 1 Min Read

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…

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In England and Wales

England and Wales: Application to correct an award does not always extend the time limit for challenging the award

by 8 Mins Read

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…

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In Arbitration Procedure

England and Wales: Apparent Bias In Arbitral Tribunals – Guidance from the Court of Appeal

by 15 Mins Read

In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) [M] (3) [N] (4) [P] [2018] EWCA Civ 817, in which Halliburton applied sought M’s removal on the grounds that circumstances existed that gave rise to justifiable doubts as to M’s impartiality under section 24(1)(a) of the Arbitration Act 1996 (the “AA 1996”) The overall factual backdrop is the Deepwater Horizon disaster. Halliburton Company (“Halliburton”)…

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In Arbitration Procedure

LCIA Publishes Decisions on Arbitrator Challenges

by 3 Mins Read

The LCIA has recently published summaries of 32 decisions of the LCIA Court relating to challenges made against arbitrators between 2010 and 2017. The decisions show that the challenge to an arbitrator or tribunal was rejected in 25 cases, upheld in 6 cases and partially upheld in a further case. The summaries are anonymised and contain excerpts of the LCIA Court’s decisions as well as background context to the underlying arbitration in which the arbitrator…

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