The Commercial Court has upheld a challenge under section 67 of the Arbitration Act 1996 (“AA 1996”) to an arbitral award in which the Tribunal ruled that it lacked jurisdiction over the dispute. The Tribunal’s decision was based upon its interpretation of the arbitration clause in a Russian language contract governed by English law, the meaning of which was ambiguous in translation. The case of A v B [2018] EWHC 1370 (Comm) underscores the care…
The case of Agile Holdings Corp v Essar Shipping Ltd[1] clarifies the circumstances in which the court can…
In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance…
The rejection of SCM Financial Overseas Ltd’s (“SCM”) challenge to an US$ 860 million award in favour of Raga Establishment Ltd (“Raga”) on the grounds of serious irregularity under section 68 of the Arbitration Act 1996 (“AA 1996”) reinforces the difficulty of challenging the outcome of arbitral proceedings. In the Commercial Court, Mr Justice Males has dismissed SCM’s challenge, in which SCM alleged that the arbitrators neglected their duty of fairness under section 33 AA…
Overview In A v B [2017] EWHC 3417 (Comm), the High Court considered whether a single Request for…
Summaries of 32 decisions relating to arbitrator challenges from 2010 to 2017 have been published. Provides users with…
Third party funding is a relatively new phenomenon in the UK; historically it had been viewed by the Courts as unethical and contrary to public policy amid fears that it promoted unmeritorious claims being brought before the Courts and resulted in conflicts of interest, both actual and perceived; such arrangements would therefore often be deemed unenforceable. Nowadays, however, third party funding arrangements are generally permissible, are becoming better understood by lawyers and the courts alike,…
1. Summary In Company 1 v. Company 2 and another[1], the English court confirmed its jurisdiction to make…
Given the flows of credit through London, the Third Party Debt Order is a useful tool in the…
For those not familiar with the relevant rules, the calculation of the time limit for challenging an English arbitral award before the English courts may come as a surprise. In two recent High Court decisions, the court has emphasised that the 28 day time limit for challenging an award commences on the date the award is made and not the date it is received by the parties. In both cases, despite the fact the parties…