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In a landmark decision, the UK Supreme Court has determined that the New York Convention does not permit domestic courts to require the provision of security as a condition for challenging the recognition and enforcement of an arbitral award on public policy grounds. Background The judgment handed down on 1 March 2017[1] is the latest round in a long-running saga between the Nigerian National Petroleum Corporation (NNPC) and IPCO Nigeria Ltd (IPCO), related to the…

Overview Thanks to the Jackson reforms, when a matter is litigated in a UK court, the fees associated with third party funding are not recoverable. However, the question of whether these costs should be recoverable in an arbitration (and whether a decision to award them amounted to a serious procedural irregularity under Section 68 of the Arbitration Act (the “Act”)) had not been addressed. Until now. In the recently heard case of Essar Oilfields Services…

On 23 June 2016, the British public voted 51.9% in favor of leaving the EU (“Brexit“). Legal practitioners, as well as businesses that are or may at some point be involved in disputes, are recommended to consider how this referendum will affect them. This article discusses some of the implications of the referendum for international commercial arbitration: what it means for ongoing London arbitrations (at 1.), what it means for future disputes (at 2.), and…

One of the central questions considered by the court in Barrier Limited v Redhall Marine Limited [2016] EWHC 381 (QB) was whether an arbitration clause from a contract (the “Main Contract”) between A and B had been incorporated into a subcontract between B and C. Background facts: The applicant was the subcontractor, engaged to paint the interior and exterior of Astute class submarines. It applied to the court for pre-action disclosure against the respondent, who…