ACAS issues guidance on home-working for employers and employees – Local Government Lawyer

‘The Advisory, Conciliation and Arbitration Service (Acas) has set out the rights and responsibilities of employers and employees when working from home, in response to government advice for many workers to stay away from the office.’

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Local Government Lawyer, 20th March 2020

Source: www.localgovernmentlawyer.co.uk

Case Comment: Micula and others v Romania [2020] UKSC 5 – UKSC Blog

Posted March 3rd, 2020 in appeals, arbitration, compensation, EC law, news, state aids, Supreme Court by sally

‘In this case comment, Richard Bamforth and Laura West from CMS comment on the decision handed down last month in the matter of Micula and others v Romania [2020] UKSC 5. Richard Bamforth is a partner in the Litigation and Arbitration group of CMS, based in the London office. He specialises in international arbitration (as counsel and as arbitrator), commercial litigation and alternative dispute resolution, with a focus on cross border disputes in the media, banking, finance, insolvency, energy and telecommunications sectors. Laura West is an associate at CMS based in Edinburgh. She specialises in construction, engineering and energy disputes providing operational and strategic contract advice as well as representing clients through a range of dispute resolution procedures including arbitration, litigation, adjudication and mediation. Laura has a particular interest in arbitration and is the current Vice Chair of the Global Steering Committee for the Chartered Institute of Arbitrators’ Young Members Group.’

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UKSC Blog, 2nd March 2020

Source: ukscblog.com

Supreme Court: ICSID award enforceable as state aid investigation continues – OUT-LAW.com

Posted February 27th, 2020 in arbitration, EC law, enforcement, news, state aids, Supreme Court, treaties by tracey

‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’

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OUT-LAW.com, 26th February 2020

Source: www.pinsentmasons.com

New Judgment: Micula & Ors v Romania [2020] UKSC 5 – UKSC Blog

Posted February 21st, 2020 in appeals, arbitration, compensation, EC law, news, state aids, Supreme Court by sally

‘The appeals arose out of the attempted enforcement of an investment arbitration award in favour of the claimants against Romania in relation to investments made by the claimants in food production in Romania before the country acceded to the EU.’

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UKSC Blog, 19th February 2020

Source: ukscblog.com

Dispute Resolution & Conflict Avoidance Training in times of increasing complexity – New Law Journal

Posted December 5th, 2019 in arbitration, dispute resolution, legal education, legal profession, news by sally

‘Disputes do arise. Between states, in businesses, within different sectors and in small knit groups, disagreements can happen, and they can have many unwelcome consequences.’

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New Law Journal, 28th November 2019

Source: www.newlawjournal.co.uk

Med-Arb: a successful combination for beneficiaries? – New Law Journal

Posted December 5th, 2019 in arbitration, dispute resolution, news by sally

‘Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes.’

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New Law Journal, 28th November 2019

Source: www.newlawjournal.co.uk

Consent and expediency: binding non-signatories to international arbitration agreements – Six Pump Court

Posted December 4th, 2019 in arbitration, consent, enforcement, international law, news by sally

‘The issue of whether non-signatories to arbitration agreements can nevertheless be bound by such agreements is one of increasing importance as recourse to arbitration grows. The traditional limits of arbitration as defined by consent have come under increasing pressure given the enthusiasm for arbitration as the preferred means of dispute resolution in the context of international agreements.’

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Six Pump Court, 2nd December 2019

Source: www.6pumpcourt.co.uk

Arbitration is “way forward” for construction disputes – Litigation Futures

Posted November 28th, 2019 in arbitration, construction industry, news by sally

‘Arbitration is the best available process for resolving disputes arising from international construction projects and should be augmented but not replaced by technology, according to the findings of one of the largest surveys of the sector ever undertaken.’

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Litigation Futures, 28th November 2019

Source: www.litigationfutures.com

Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia – Supreme Court

‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’

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Supreme Court, 5th November 2019

Source: www.supremecourt.uk

Wife fails to overturn financial award made in arbitration – Family Law

‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’

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Family Law, 23rd October 2019

Source: www.familylaw.co.uk

Batei Din and arbitration awards: Sterling – Law & Religion UK

Posted October 8th, 2019 in arbitration, contracts, Judaism, jurisdiction, news by tracey

‘An interesting case involving the extent to which arbitration awards by religious courts are enforceable at civil law has recently come before the Chancery Division of the High Court.’

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Law & Religion UK, 7th October 2019

Source: www.lawandreligionuk.com

Emails treated as ‘without prejudice’ can be used for costs – Litigation Futures

Posted September 12th, 2019 in arbitration, costs, electronic mail, news, without prejudice communications by tracey

‘There is no rule that communications treated as “without prejudice” despite not being labelled as such cannot be referred to when considering costs, the High Court has ruled.’

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Litigation Futures, 12th September 2019

Source: www.litigationfutures.com

The rocky route to compensation – No. 5 Chambers

Posted July 3rd, 2019 in arbitration, compensation, easements, news by sally

‘To what extent, if any, can the payment of compensation be avoided in the case of parallel pipelines? Where there is a single pipeline laid across or under another’s land, either under a deed of easement or a lease, then it is common to include provision for the payment of compensation if it prevents the landowner, for example, from extracting mineral. It is also very common for the Mining Code to be incorporated into the deed of easement or lease, as the case may be. There are currently many infrastructure projects being developed across the country, many of which will follow this industry-standard approach to dealing with mineral resources. That approach, however, will need to be considered carefully by landowners in light of the experiences outlined below.’

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No. 5 Chambers, 28th June 2019

Source: www.no5.com

Fleetwood Wanderers Limited v AFC Fylde Limited: a cautionary tale for arbitrators in sports law disputes – Blackstone Chambers

Posted March 15th, 2019 in arbitration, contract of employment, news, sport by sally

‘In Fleetwood Wanderers Limited (t/a Fleetwood Town Football Club) v AFC Fylde Limited [2018] EWHC 3318 (Comm), the High Court upheld a challenge to an arbitral award on the grounds of serious irregularity under section 68(2)(a) of the Arbitration Act 1996 (AA 1996). The Arbitrator had failed to inform the parties that, following the hearing, he had been in communication with The Football Association (The FA) as to the scope and content of its rules, and had in turn failed to provide either party with the opportunity to make representations on the issues raised in that correspondence.’

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Blackstone Chambers, 5th March 2019

Source: www.sportslawbulletin.org

BC v BG – Challenging arbitration awards in divorce cases – Transparency Project

Posted February 20th, 2019 in arbitration, divorce, matrimonial home, news by sally

‘Divorcing couples who cannot agree how to divide their property can, as an alternative to costly and time consuming litigation, refer the matter to an arbitrator. But if one of them isn’t happy about the outcome, the matter could still end up in court. The recent case of BC v BG [2019] EWFC 7 considers the different ways this can happen, and confirms what should be the preferred approach.’

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Transparency Project, 19th February 2019

Source: www.transparencyproject.org.uk

BC v BG – Cementing the future of arbitration – Family Law Week

Posted February 11th, 2019 in arbitration, divorce, families, financial dispute resolution, news by tracey

‘Julie Stather, barrister, Crown Office Row, Brighton considers the role of arbitration and what the future holds for the scheme.’

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Family Law Week, 8th February 2019

Source: www.familylawweek.co.uk

Gross defends arbitration against claim it damages common law – Litigation Futures

Posted January 23rd, 2019 in arbitration, civil justice, dispute resolution, judges, news by sally

‘A Court of Appeal judge has rejected the argument – pressed by a former Lord Chief Justice – that the growth of arbitration to resolve commercial disputes has retarded the development of the common law.’

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Litigation Futures, 22nd January 2019

Source: www.litigationfutures.com

James Green: High Court makes finding of serious irregularity in Rule K Arbitration – Littleton Chambers

Posted December 12th, 2018 in arbitration, contracts, employment, interpretation, news, sport by sally

‘The High Court last week handed down its judgment in Fleetwood Wanderers Limited v AFC Fylde Limited [2018] EWHC 3318 (Comm), holding that a Rule K Arbitration Award was marred by serious irregularity. The successful Claimant was represented by Paul Gilroy QC.’

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Littleton Chambers, 5th December 2018

Source: www.littletonchambers.com

Red line crossed? The Withdrawal Agreement’s arbitration clause – 4 New Square

‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’

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4 New Square, 22nd November 2018

Source: www.4newsquare.com

UK Arbitration Act: Time for a revamp? – 4 New Square

‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’

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4 New Square, 12th November 2018

Source: www.4newsquare.com