New Inter-State-Arbitration Mechanism under the EU-UK Trade and Cooperation Agreement

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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

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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...

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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...

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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...

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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...

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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...

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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

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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

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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

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The Court of Appeal has confirmed that the Court has jurisdiction to compel the evidence of third party witnesses in arbitration proceedings under s....

 Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition  

Click here for the chapter on England and Wales in the 2018-2019 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2017-2018 Edition

Click here for the chapter on England and Wales in the 2017-2018 Arbitration Yearbook.