Court refuses to declare arbitration agreement ineffective before proceedings begin – OUT-LAW.com

Posted June 9th, 2016 in arbitration, jurisdiction, news, tribunals by sally

‘It would be “wrong in principle” for the High Court to rule on the existence of a valid arbitration agreement between two companies ahead of any actual proceedings, as this would deny the arbitral tribunal the power to rule on its own jurisdiction, a judge has found.’

Full story

OUT-LAW.com, 8th June 2016

Source: www.out-law.com

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Sino Channel Asia Ltd v Dana Shipping and Trading Pte Singapore and another – WLR Daily

Posted June 8th, 2016 in arbitration, contracts, jurisdiction, law reports, service, third parties by sally

Sino Channel Asia Ltd v Dana Shipping and Trading Pte Singapore and another [2016] EWHC 1118 (Comm)

‘The charterer engaged a third party company to arrange contracts which would be concluded in the charterer’s name but performed by the third party. Through the third party, the charterer entered into a contract of affreightment with the owner. The principal contact point between the owner and the charterer was a junior employee at the third party company. When a dispute arose the owner appointed an arbitrator and e-mailed their notice of arbitration to the third party’s employee, calling on the charterer to appoint their arbitrator. The charterer having not responded, the owner’s arbitrator, in accordance with the terms of the contract, proceeded as the sole arbitrator and made an award in favour of the owner. The charterer applied, pursuant to section 72(1)(b)(c) of the Arbitration Act 1996, for a declaration that the award had been made without jurisdiction, on the ground that the third party’s employee had not had authority to accept service of notice of commencement of arbitration proceedings on the charterer’s behalf and that service on him had not been in accordance with section 76 of the 1996 Act. The owner contended that the employee had had actual implied authority and/or ostensible authority to receive notice of arbitration on the charterer’s behalf.’

WLR Daily, 20th May 2016

Source: www.iclr.co.uk

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HC Trading Malta Ltd v Tradeland Commodities SL – WLR Daily

Posted June 8th, 2016 in arbitration, contracts, jurisdiction, law reports by sally

HC Trading Malta Ltd v Tradeland Commodities SL [2016] EWHC 1279 (Comm)

‘The parties were in communication in relation to a proposed transaction whereby the defendant would purchase 250,000mt of clinker from the claimant. However, no actual shipments occurred and some months after the last significant communication between the parties, the claimant asserted that there was a binding contract, containing a London arbitration clause, that the defendant was required to perform. The defendant denied that any such contract had been concluded. The claimant made clear its settled intention to make a contractual claim against the defendant in a London arbitration pursuant to the arbitration clause, so that such an arbitration could be viewed as imminent. The defendant, denying the existence of the contract, had no claim of its own against the claimant, and indicated that it would contest jurisdiction once the arbitration proceedings were commenced. The claimant, prior to commencing arbitration proceedings, issued a claim in the High Court by which it sought a declaration that there was a binding arbitration agreement subject to English law and which covered its proposed claims. The defendant applied, inter alia, to have that claim set aside.’

WLR Daily, 2nd June 2016

Source: www.iclr.co.uk

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The divorce app that lets you break up without breaking the bank – The Guardian

Posted June 2nd, 2016 in arbitration, computer programs, costs, divorce, news by sally

‘Divorce can be a costly legal battleground as well as an emotional ordeal. But a new app, amicable, could provide a better way.’

Full story

The Guardian, 2nd June 2016

Source: www.guardian.co.uk

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Time to challenge appeal begins at date of award, says High Court – OUT-LAW.com

Posted May 3rd, 2016 in appeals, arbitration, delay, fees, news, time limits by tracey

‘The time allowed to challenge an arbitration award begins on the date that the award is made, and not when the parties receive it, the High Court in England has said.’

Full story

OUT-LAW.com, 29th April 2016

Source: www.out-law.com

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What are you referring to…?” The increased latitude required when considering adjudicators’ jurisdiction – Hardwicke Chambers

Posted April 14th, 2016 in arbitration, construction industry, contracts, jurisdiction, news by sally

‘With both the US and London mayoral elections gaining momentum, and leading commentators poised to offer independent research, enlivened views and sage analysis, you really would be forgiven for not having had your eyes trained on recent enforcement action in the TCC.’

Full story

Hardwicke Chambers, 1st April 2016

Source: www.hardwicke.co.uk

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English law will remain ‘gold standard’ despite impact on case law caused by confidential arbitrations, says expert – OUT-LAW.com

‘The law in England and Wales will continue to be regarded as “gold standard” internationally despite the fact that the development of case law risks being stifled by the number of confidential arbitrations taking place in London, an expert has said.’

Full story

OUT-LAW.com, 4th April 2016

Source: www.out-law.com

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Speech by the Lord Chief Justice: The Bailii Lecture 2016 – Courts and Tribunals Judiciary

Posted March 21st, 2016 in arbitration, banking, Commercial Court, courts, judges, rule of law, speeches by tracey

‘As is well known, the development of the law in England and Wales was effected not only through cases where the claims were brought in the courts, but through claims that were brought in arbitrations. In 1979 (by statute) and 1981 (by Lords Denning and Diplock through an interpretation of that statute), the relationship between the courts and arbitration was changed on the perceived basis that it was damaging the attractiveness of London as a centre for dispute resolution through arbitration.’

Full speech

Courts and Tribunals Judiciary, 18th March 2016

Source: www.judiciary.gov.uk

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What is it like to arbitrate? – Family Law Week

Posted March 4th, 2016 in arbitration, divorce, financial provision, news by tracey

‘Alexander Chandler, barrister, 1 King’s Bench Walk, offers insights into the arbitration process.’

Full story

Family Law Week, 26th February 2016

Source: www.familylawweek.co.uk

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Let’s call it quits: Cruise ships, capital losses and mitigation – Commercial Disputes Blog

Posted February 22nd, 2016 in appeals, arbitration, charterparties, contracts, damages, news, ships by sally

‘In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law. The context in which it arose was an appeal from the decision of an arbitrator in a shipping charterparty dispute, but it is of significance much more widely in relation to English law contractual damages claims. In some ways, the question of principle which was being considered is remarkably simple, but that belies the complexity of the considerations needed to resolve it. ‘

Full story

Commercial Disputes Blog, 17th February 2016

Source: www.rpc.co.uk

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One man’s loss is another man’s gain: choice of law rules for unjust enrichment claims – Commercial Disputes Blog

Posted February 22nd, 2016 in arbitration, conflict of laws, damages, EC law, fraud, news, restitution by sally

‘In a recent case, the English Commercial Court has determined that a claim in restitution based on unjust enrichment was governed by English law pursuant to EU Regulation 864/2007 (Rome II) and not the law of Geneva.’

Full story

Commercial Disputes Blog, 19th February 2016

Source: www.rpc.co.uk

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Outsourcing and use of litigation assistants – Bar Council

‘Purpose: To assist barristers regarding the rules and their ethical obligations relating to outsourcing and the use of litigation assistants.’

Full story

Bar Council, 17 February 2016

Source: http://www.barcouncil.org.uk

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English courts will extend arbitration clauses to widest possible range of disputes, expert says – OUT-LAW.com

Posted December 15th, 2015 in arbitration, dispute resolution, news by sally

‘A contract’s arbitration clause should be extended to apply to a claim not directly covered by that contract, the High Court has ruled. The claim was brought by Russian businessmen against their former partners in the redevelopment of a Moscow hotel.’

Full story

OUT-LAW.com, 15th December 2015

Source: www.out-law.com

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Finance & Divorce Update December 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during November 2015.’

Full story

Family Law Week, 6th December 2015

Source: www.familylawweek.co.uk

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Ramburs Inc v Agrifert SA – WLR Daily

Posted December 9th, 2015 in appeals, arbitration, contracts, interpretation, law reports, sale of goods by sally

Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm); [2015] WLR (D) 505

‘Where a buyer of goods FOB nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause appearing in GAFTA form 49, he was nevertheless required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

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Arbitration in landlord and tenant disputes – Tanfield Chambers

‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’

Full story

Tanfield Chambers, 30th November 2015

Source: www.tanfieldchambers.co.uk

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Practice guidance: Arbitration in the Family Court – Courts and Tribunals Judiciary

Posted November 26th, 2015 in arbitration, courts, family courts, financial provision, news by tracey

‘Guidance issued by Sir James Munby, President of the Family Division on 23 November 2015.’

Full guidance

Courts and Tribunals Judiciary, 23rd November 2015

Source: www.judiciary.gov.uk

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Family ADR boosted by new guidance – Law Society’s Gazette

‘Sir James Munby, president of the Family Division, has issued guidance on arbitration in the family court in a move which could encourage more lawyers to view alternative dispute resolution (ADR) as a viable option.’

Full story

Law Society’s Gazette, 24th November 2015

Source: www.lawgazette.co.uk

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Justice Knowles urges legal community to ‘work harder’ to keep UK as dispute resolution leader – Legal Week

Posted November 10th, 2015 in arbitration, dispute resolution, judges, news, pilot schemes, speeches by sally

‘Leading commercial judge outlines strategy to keep UK’s status as top destination for business disputes’

Full story

Legal Week, 6th November 2015

Source: www.legalweek.co.uk

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Section 45 Arbitration Act 1996: a little known but useful tool – Hardwicke Chambers

Posted October 7th, 2015 in appeals, arbitration, jurisdiction, news by sally

‘This article examines the procedure under section 45 of the Arbitration Act 1996 for referring a preliminary question of law arising in arbitral proceedings to the Court. It also touches on some of the specific issues raised by the questions of law referred to the Court in Secretary of State for Defence v Turner Estate Solutions Limited [2015] EWHC 1150 (TCC).’

Full story

Hardwicke Chambers, 8th September 2015

Source: www.hardwicke.co.uk

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