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England and Wales

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In England and Wales

Baker McKenzie International Arbitration Yearbook 2019-2020 – United Kingdom

by , and 24 Mins Read

UNITED KINGDOM Kate Corby, Judith Mulholland and Katia Contos A. LEGISLATION AND RULES A.1 Legislation International arbitration in England and Wales[1] continues to be governed by the Arbitration Act 1996 (the 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…

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In Arbitration Agreements

England and Wales: Lost in Translation: Interpreting foreign language arbitration clauses

by 6 Mins Read

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…

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In England and Wales

Due process and fairness in arbitral proceedings: the Commercial Court rules against finding serious irregularity

by 8 Mins Read

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…

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In Costs

Why Third Party Funding is on the rise in England & Wales

by 14 Mins Read

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,…

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