‘The UK’s status as a multi-billion-pound global leader in arbitration services will be secured by new legislation introduced to Parliament on 21 November 2023.’
Ministry of Justice, 22nd November 2023
Source: www.gov.uk
‘The Ministry of Justice (MoJ) yesterday published the Arbitration Bill, including a new statutory duty on arbitrators to disclose anything which might give rise to “justifiable doubts” about their impartiality.’
Legal Futures, 23rd November 2023
Source: www.legalfutures.co.uk
‘A Commercial Court judge has blamed a claimant “in large part” for the “wholly unacceptable” last-minute adjournment of their case after he had begun pre-reading for it.’
Legal Futures, 17th November 2023
Source: www.legalfutures.co.uk
‘The Court of Appeal dismisses the solicitors’ appeal in Diag Human v Volterra Fietta. In this note, Jamie Carpenter KC, Counsel for the successful Respondents, analyses the decision and its implications for litigation funding agreements in light of PACCAR.’
Hailsham Chambers, 4th October 2023
Source: www.hailshamchambers.com
‘The High Court has rejected the first bid to use the Supreme Court’s PACCAR ruling by a company looking to invalidate a litigation funding agreement (LFA) it had signed up to.’
Legal Futures, 23rd October 2023
Source: www.legalfutures.co.uk
‘In FamilyMart Holding v Ting Chuan [2023] UKPC 33 delivered simultaneously with the decision in Republic of Mozambique v Credit Suisse International [2023] UKHL, Lord Hodge delivered two important judgments on how to define and identify the “matters” which give rise to stay of legal proceedings in favour of arbitration (in England under Section 9 Arbitration Act 1996) and certain other related issues. In doing so, these Courts have dropped the overly “granular” approach adopted by English Courts recently and opted for a more nuanced and analytical approach favoured by the Australian courts. The legal analysis in the two decisions is more or less identical.’
Wilberforce Chambers, 25th September 2023
Source: www.wilberforce.co.uk
‘The last dozen or so years have seen a number of revisions to arbitration legislation around the world. For instance, 2010 saw new or revised legislation in the Republic of Ireland and Scotland. In that context the review of the Arbitration Act 1996 (UK) (‘Act’) applicable in England, Wales and Northern Ireland, which started in 2021 was apt and necessary. The United Kingdom’s Law Commission has recently concluded that exercise. The Law Commission looked at whether the legislation is fit for purposes and reflected international best practice. In the round, the suggested changes, which still have to be given legislative effect, is a ‘tune up’, rather than a major revision, of an Act which has in the near 30 years since it was last amended shown itself to be robustly effective. The world (including the practice of domestic and international arbitration) has changed significantly since the mid-1990s and the suggested amendments can be seen as practical steps to consolidate the effectiveness of the Act.’
4-5 Gray's Inn Square, September 2023
Source: www.4-5.co.uk
‘Arbitrators’ common law duty to disclose any reason for doubts as to their impartiality could be codified under proposals from the Law Commission of England and Wales today. The recommendation is among proposed updates to the Arbitration Act 1996 which the independent reform body has published along with draft legislation.’
Law Society's Gazette, 6th September 2023
Source: www.lawgazette.co.uk
‘The Law Commission has “reluctantly concluded” that banning discrimination in the appointment of arbitrators “could cause more problems than it solves”, particularly in triggering “unwarranted satellite litigation”.’
Legal Futures, 6th September 2023
Source: www.legalfutures.co.uk
‘Parties to international arbitration should pay close attention to the applicable limitation periods, particularly where the project involves a potential mix of applicable sources of law.’
OUT-LAW.com, 31st August 2023
Source: www.pinsentmasons.com
‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’
Wilberforce Chambers, July 2023
Source: www.wilberforce.co.uk
‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’
OUT-LAW.com, 3rd July 2023
Source: www.pinsentmasons.com
‘Parties to an arbitration who become aware of potential grounds to challenge an arbitration award during the arbitral proceedings must raise grounds before the tribunal or a court as soon as possible to avoid losing the opportunity to do so, experts have warned, following a recent ruling of the English High Court.’
OUT-LAW.com, 2nd June 2023
Source: www.pinsentmasons.com
‘The data from the major arbitral institutions indicates that the users of arbitration are overwhelmingly represented in heavily emitting industries – energy, construction and the financial sectors. Corporates in these industries will be the first to feel changes in regulation as targets become more ambitious – this is where the role of the state becomes significant in investor state arbitrations.’
39 Essex Chambers, 28th March 2023
Source: www.39essex.com
‘The Law Commission has suggested widening its proposed ban on discrimination in arbitration from the appointment of arbitrators to the conduct of the arbitration generally.’
Legal Futures, 30th March 2023
Source: www.legalfutures.co.uk
‘In this post, Eilidh Douglas, Senior Associate in the ICE Disputes team at CMS, previews the case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and Ors, which was heard by the UK Supreme Court on 24 and 25 January 2023.’
UKSC Blog, 26th January 2023
Source: ukscblog.com
‘Does a party have to accept non-contractual performance to mitigate the impact of a force majeure event?’
Mills & Reeve, 4th January 2023
Source: www.mills-reeve.com
‘The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.’
OUT-LAW.com, 22nd November 2022
Source: www.pinsentmasons.com
‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’
Courts & Tribunals Judiciary, 31st October 2022
Source: www.judiciary.uk
© Inner Temple Library 2023