Court rejects bid to remove top QC from high-profile arbitration – Litigation Futures

Posted March 11th, 2021 in arbitration, barristers, news, sport by sally

‘Football club Newcastle United has failed in its bid to remove a top QC from being an arbitrator in a dispute it is having with the Premier League (PL).’

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Litigation Futures, 10th March 2021

Source: www.litigationfutures.com

Barristers lose £6.9m fees appeal over unenforceable DBA – Law Society’s Gazette

Posted March 5th, 2021 in appeals, arbitration, barristers, damages, fees, news by tracey

‘Two barristers working on a damages-based agreement have failed in their court bid to recoup almost £7m in legal fees.’

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Law Society's Gazette, 5th March 2021

Source: www.lawgazette.co.uk

M/T Prestige litigation and arbitration: key takeaways – Hardwicke Chambers

Posted February 18th, 2021 in arbitration, contracts, injunctions, news, state immunity by sally

‘The latest two decisions arising out of the aftermath of the Prestige oil spill in 2002 have shed some light on three major areas of the English law of arbitration. The Commercial Court’s two decisions in London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain ([2020] (EWHC 1582) and The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain [2020] (EWHC 1920) provide an insightful analysis into the scope of the so-called “conditional benefit” principle, the powers of an arbitrator to grant injunctive relief and the court’s interpretation of the arbitration exception in the Brussels Recast Regulation.’

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Hardwicke Chambers, 17th February 2021

Source: hardwicke.co.uk

Case Comment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘In this post, Neil Newing and Olivia Flasch who both practice at Signature Litigation, comment upon the decision handed down by the UK Supreme Court in the matter of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. They ask: is the decision a missed opportunity?’

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UKSC Blog, 2nd February 2021

Source: ukscblog.com

Children: Private Law Update December 2020 – Family Law Week

Posted December 10th, 2020 in arbitration, children, evidence, legal representation, medical records, news by tracey

‘Alex Verdan QC of 4PB analyses some recent important judgments in private children law.’

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Family Law Week, 8th December 2020

Source: www.familylawweek.co.uk

The law applicable to an arbitration agreement: Part 1 of our analysis of Enka v OOO Insurance – Hardwicke Chambers

‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’

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Hardwicke Chambers, 2nd December 2020

Source: hardwicke.co.uk

High Court rules out “retrospective” arbitration appeal – Litigation Futures

Posted December 2nd, 2020 in agriculture, appeals, arbitration, news, retrospectivity by tracey

‘The High Court has ruled that it has no power to consider a “retrospective” application for permission to appeal against its judgment in an arbitration case which was itself an appeal.’

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Litigation Futures, 2nd December 2020

Source: www.litigationfutures.com

International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

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Litigation Futures, 30th November 2020

Source: www.litigationfutures.com

New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’

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UKSC Blog, 27th November 2020

Source: ukscblog.com

The Nature of Demurrage: K Line Pte Ltd v Priminds Shipping (Hk) Co. Ltd. m.v. “Eternal Bliss” [2020] EWHC 2373 (Comm) – 33 Bedford Row

Posted November 25th, 2020 in appeals, arbitration, chambers articles, charterparties, compensation, damages, news by sally

‘An important point regarding the nature of demurrage may, finally, have been conclusively determined by the High Court in this recent case, which came before Mr Justice Andrew Baker. It is however presently the subject of an appeal to the Court of Appeal (leave having been granted by the learned judge), so a definitive answer is awaited.’

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33 Bedford Row, 12th November 2020

Source: www.33bedfordrow.co.uk

Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Reducing Family Law Cases Backlog: Is Arbitration the Answer? – 33 Bedford Row

Posted November 10th, 2020 in arbitration, coronavirus, delay, dispute resolution, family courts, news by sally

‘Since the outbreak of Covid-19, the pandemic has led to delays in the court system, hearings being adjourned and a substantial backlog of all types of cases but especially family cases. Parties wanting speedy justice are resorting to out of court processes such as mediation and arbitration as a means to resolve disputes efficiently to overcome this time-lag.’

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33 Bedford Row, 30th October 2020

Source: www.33bedfordrow.co.uk

Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square

‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’

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4 New Square, 14th October 2020

Source: www.4newsquare.com

Supreme Court decision on governing law of arbitration agreement – Littleton Chambers

‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’

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Littleton Chambers, 9th October 2020

Source: littletonchambers.com

Appealing an arbitration award – Transparency Project

‘The question the court had to decide recently was what was the test to be applied by the court in those cases where the parties had agreed to arbitration, but one party was dissatisfied with the award?’

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Transparency Project, 26th October 2020

Source: www.transparencyproject.org.uk

Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court

‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’

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Six Pump Court, 20th October 2020

Source: www.6pumpcourt.co.uk

New Judgment: Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 – UKSC Blog

‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’

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UKSC Blog, 9th October 2020

Source: ukscblog.com

Virtual hearings deny young lawyers “huge amount” of training – Litigation Futures

‘A High Court judge has voiced concerns that young solicitors and barristers are missing out on a “huge amount” of training because of virtual hearings.’

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Litigation Futures, 8th September 2020

Source: www.litigationfutures.com

Arbitration Claims Under CPR Part 62: Is Forum Non Conveniens Relevant? – Hardwicke Chambers

Posted July 30th, 2020 in arbitration, choice of forum, civil procedure rules, news by sally

‘This article reviews the recent case of Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors (Rev 1) [2020] EWCA Civ 574.’

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Hardwicke Chambers, 23rd July 2020

Source: hardwicke.co.uk

Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – II – Oxford Human Rights Hub

‘In the coming days, labour lawyers from around the world will be tuning in to watch the arguments in Uber v Aslam. In terms of the wider ramifications of the reasoning in Heller, what are the prospects for the ‘contractual’ and the “constitutional” approaches in Aslam? As already noted, the wider doctrine of unconscionability in Heller is unlikely to find favour in the English courts. More importantly, disputes about the employment contract in English courts are rarely about the contract rights themselves. The (private) contract is a gateway into a suite of (public) statutory employment protections. It would make little sense for a worker to seek to set aside the contract by using unconscionability as a vitiating factor, when the statutory protections depend upon the contract being valid and enforceable. This limits the practical relevance of Heller’s expanded unconscionability doctrine, given the statutory context to most employment litigation in the UK.’

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Oxford Human Rights Hub, 20th July 2020

Source: ohrh.law.ox.ac.uk