Overview The recent judgment in UMS Holding Ltd & Ors v Great Station Properties SA & Anor [2017] EWHC 2398 saw Mr Justice Teare dismiss challenges to an arbitration award brought under section 68 of the Arbitration Act 1996 (“AA 1996”). The judgment includes valuable guidance on the proper scope and effect of section 68 particularly in the context of a tribunal’s approach to evidence. The court concluded that a failure to address or take…
Autoridad del Canal de Panama v Sacyr SA and others [2017] EWHC 2228 (Comm) and [2017] EWHC 2337…
In Maximov v NMLK[1] the English Commercial Court tackled again the thorny issue of the enforcement of a…
1. Summary Could permission to set aside the English court’s permission to enforce a Swedish arbitral award allegedly obtained by fraud be granted in circumstances where the Swedish courts had dismissed an application to set aside the award? In Anatolie Stati and others v Republic of Kazakhstan [2017] EWHC 1348 (Comm), the English court held that the Respondent had established a sufficient case that an arbitral award had been obtained by the fraud of the…
In the recent anonymised judgment of P v Q and others [2017] EWHC 194 (Comm), the England &…
Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again…
As we discussed in our blogpost last year, in March 2016, England’s Lord Chief Justice, Lord Thomas, delivered a much debated speech in which he argued that arbitration is impeding the development of English common law. Lord Thomas’ proposed solution to this was a suggestion that section 69 of the Arbitration 1996 Act (“s.69”), which currently provides only a very limited scope for the courts to exercise their jurisdiction over arbitral processes, be reformed. In…
In a landmark decision, the UK Supreme Court has determined that the New York Convention does not permit…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016.…
Lord Thomas: Rebalancing the relationship between the courts and arbitration Lord Thomas’s Bailii Lecture on 9 March 2016 has been the subject of much comment, and controversy, in London’s arbitration community. The speech is an eloquent and articulate analysis of how the Lord Chief Justice of England and Wales considers arbitration has affected litigation. Concluding with the view that the Arbitration Act 1979 and 1996 went “too far” in supporting arbitration as a means of…