 Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition Â
Click here for the chapter on England and Wales in the 2018-2019 Arbitration Yearbook.
New Inter-State-Arbitration Mechanism under the EU-UK Trade and Cooperation Agreement
All well that ends well? After more than four years since the Brexit vote and just one week before the end of the Withdrawal...
Arbitrator challenges: a practical guide
1. A case for challenge
Nothing is more important in arbitration than the impartiality and independence of arbitrators. Parties hand over their fundamental right to...
The Supreme Court in Enka v Chubb on the law applicable to the arbitration...
Introduction
In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) UKSC 38, the UK Supreme Court dismissed Chubb's appeal,...
English Commercial Court sets aside final award on jurisdiction for tribunal’s failure to identify...
Introduction
The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH & CO KG (MV Nortrader) EWHC...
Carpatsky Petroleum Corporation v PJSC Ukrnafta: issue estoppel and abuse of process in arbitration...
Key takeaways
The Carpatsky case is interesting for a number of reasons as it:
underlines the deference paid to decisions of supervisory courts...
Section 68 challenge succeeds on the basis of serious irregularity caused by uncertainty or...
In Xstrata Coal v Benxi Iron & Steel ( EWHC 324 (Comm)), the English High Court permitted a challenge made under section 68 of...
English Court of Appeal provides much needed clarity on the proper law of an...
Introduction
The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two...
A Practical Global Guide: Arbitration of M&A Transactions
M&A transactions, which typically involve share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, are a huge area of commercial activity,...
Rare successful challenge to arbitral award on a point of law
In Tricon Energy Ltd v MTM Trading LLC EWHC 700 (Comm), the English High Court granted a rare successful appeal against an arbitral...
Brought to the party: the English Court’s jurisdiction over non-party witnesses in arbitral proceedings
The Court of Appeal has confirmed that the Court has jurisdiction to compel the evidence of third party witnesses in arbitration proceedings under s....
