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

Covered Investment in International Investment Law – Chapter in Investment Treaty Arbitration Review – 4 New Square

Posted November 2nd, 2018 in arbitration, international law, news, treaties by sally

‘Can Yeginsu (4 New Square Chambers) and Ceyda Knoebel (Gibson Dunn) examine the definition of “investment”, often a critical threshold question of jurisdiction in investor state arbitration.’

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4 New Square, 5th October 2018

Source: www.4newsquare.com

High Court rejects “increasingly bizarre” claims against barrister arbitrator – Litigation Futures

Posted October 18th, 2018 in arbitration, bailment, barristers, news, restraint orders by sally

‘The High Court has rejected as “totally without merit” a set of claims against a barrister arbitrator, including a claim in bailment for gold bullion.’

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Litigation Futures, 17th October 2018

Source: www.litigationfutures.com

Arbitration clause “trumps” Part 8 application to overturn adjudicator’s decision – Practical Law: Construction Blog

Posted September 20th, 2018 in arbitration, construction industry, contracts, costs, news, stay of proceedings by tracey

‘When I was a kid, Top Trumps were all the rage. I know from my own boys that they still are. Back then, it was all about whether you had the fastest car or the most popular footballer (even Star Wars characters featured, but how did you decide if Hans Solo was better than Princess Leia?). Now, just about every topic is covered by a set of cards.
I mention this because a recent TCC judgment demonstrates that the arbitration clause in the JCT standard building contract can “trump” a Part 8 application for declaratory relief, with the court granting a stay of those Part 8 proceedings.’

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Practical Law: Construction Blog, 18th September 2018

Source: constructionblog.practicallaw.com

Harmony at the price of principle: the impact of Mercato Sports (UK) Limited & McKay v Everton FC [2018] EWHC 1567 (Ch) (“Mercato”) – Sports Law Bulletin from Blackstone Chambers

Posted September 7th, 2018 in agency, arbitration, contract of employment, news, sport, stay of proceedings by tracey

‘In July the High Court in Mercato considered the circumstances in which parties, not including the FA, who are subject to the FA Rules, will be bound to arbitrate disputes between them under FA Rule K. The judgment follows, and attempts to reconcile, two decisions of the same Court in 2017 on the same topic: Davies v Nottingham Forest FC [2017] EWHC 2095 (“Davies”) and Bony v Kacou & Ors [2017] EWHC 2146 (Ch) (“Bony”).’

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Sports Law Bulletin from Blackstone Chambers , 6th September 2018

Source: www.sportslawbulletin.org

Vinci v Beumer: the case that keeps on giving (and giving) – Practical Law: Construction Blog

Posted September 6th, 2018 in appeals, arbitration, construction industry, contracting out, contracts, news by tracey

‘It is the start of autumn and July seems a long way off now, with the summer holidays all over and the World Cup just a distant memory. Consequently, it may be easy to have forgotten about Vinci Construction UK Ltd v Beumer Group UK Ltd, which had its latest outing in the TCC at the end of that month. This time it was Jonathan Acton Davis QC (sitting as a deputy High Court judge) who enforced the adjudicator’s decision and dismissed Beumer’s (the sub-contractor) arguments that the adjudicator was in breach of the rules of natural justice.’

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Practical Law: Construction Blog, 4th September 2018

Source: constructionblog.practicallaw.com

Mediation Matters: In royal circles and elsewhere, settling family disputes demands an open-minded focus on the future – Family Law

Posted August 23rd, 2018 in arbitration, families, news by sally

‘Apparent disagreements between Meghan Markle and her father, Thomas, before and following her marriage to Prince Harry, have dominated sections of the world’s press this summer.’

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Family Law, 22nd August 2018

Source: www.familylaw.co.uk

Government to face IWGB union in landmark court case for outsourced workers’ rights – The Independent

‘The government is taking on a union in court in a landmark case that could have huge ramifications for the UK’s army of 3.3 million outsourced workers, many of whom have fewer rights and face worse pay and conditions than in-house colleagues doing the same jobs.’

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The Independent, 7th August 2018

Source: www.independent.co.uk

The rise of private FDRs – Family Law

Posted July 31st, 2018 in arbitration, dispute resolution, families, financial provision, judges, news by sally

‘In his last interview for the Family Law Bar Association’s Family Affairs magazine, Sir James Munby ruminated that ‘I should have liked to do more on the money front’. In the same interview, when pondering his next steps, he makes clear, ‘I’m not – and I tempt the fates by saying this – I am not going off to become a private family mediator. I am not going to do private FDRs’.’

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Family Law, 30th July 2018

Source: www.familylaw.co.uk

Determination of preliminary points of law by courts in arbitration and adjudication – Practical Law: Construction Blog

Posted June 5th, 2018 in arbitration, construction industry, news, ships by tracey

‘The Palladium is a mighty fine looking “superyacht”. It is an impressive 95 metres long and has all the features one would expect on such a luxury craft, including a helicopter landing pad and swimming pool. A Google search suggests that the yacht is worth circa $200 million, so one can see that a defect in the paint finish would be costly to rectify. It is this defect that ultimately led the parties to an arbitration, for which a five-week hearing was set.

The case ended up before the court because, during the arbitration, an issue arose as to whether the yacht builder’s without prejudice settlement offer had been accepted by the purchaser in correspondence. The purchaser contended that a binding settlement had been reached, which the builder denied.’

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Practical Law: Construction Blog, 29th May 2018

Source: constructionblog.practicallaw.com

Speech by Lord Justice Gross: Courts and Arbitration – Courts and Tribunals Judiciary

Posted May 3rd, 2018 in arbitration, civil justice, courts, judges, speeches by tracey

‘Speech by Lord Justice Gross: Courts and Arbitration .’

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Courts and Tribunals Judiciary, 2nd May 2018

Court of appeal finds arbitrator in Deepwater Horizon case not biased – Practical Law: Construction Blog

Posted May 2nd, 2018 in appeals, arbitration, bias, news by tracey

‘Section 33 of the Arbitration Act 1996 imposes a duty on arbitrators to “act fairly and impartially as between the parties” and section 24(1)(a) provides that the court has the power to remove an arbitrator if circumstances exist that “give rise to justifiable doubts as to his impartiality”. This week I’m looking at the Court of Appeal’s decision in Halliburton Company v Chubb Bermuda Insurance Ltd and others, where the court had to decide whether an arbitrator should be removed under section 24 in circumstances where he had accepted multiple appointments in overlapping cases without telling the parties’

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Practical Law: Construction Blog, 1st May 2018

Source: constructionblog.practicallaw.com

Arbitrator appointed on multiple related cases was not biased, court finds – OUT-LAW.com

Posted April 25th, 2018 in arbitration, bias, news by sally

‘The English and Welsh Court of Appeal (CoA) has dismissed a claim that an arbitrator who accepted multiple appointments from one party in an arbitration would be biased as a result.’

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OUT-LAW.com, 24th April 2018

Source: www.out-law.com

High Court: security for costs application cannot be used to avoid enforcement of arbitration award – Litigation Futures

Posted April 13th, 2018 in arbitration, costs, enforcement, news by tracey

‘A security of costs application relating to a court challenge to an arbitration award cannot be used as a way of avoiding enforcement of the award, the High Court has ruled.’

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Litigation Futures, 12th April 2018

Source: www.litigationfutures.com

Tonicstar Insurance Ltd v Allianz Insurance PLC [2018] EWCA Civ 434 – 4 New Square

Posted March 20th, 2018 in appeals, arbitration, insurance, news by sally

‘In Tonicstar v Allianz the Court of Appeal overturned the decision of Teare J at first instance and, in turn, the decision of Morison J in X Company v Y Company (17 July 2000) as to the meaning of a common form of insurance arbitration agreement.’

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4 New Square, 14th March 2018

Source: www.insurancelaw.london

Reminder that adjudicator’s appointment lapses if no decision – Practical Law: Construction Blog

Posted March 15th, 2018 in arbitration, construction industry, contracts, fees, news, remuneration by tracey

‘Some judgments seem destined to be blogged about (at least by me) and Baldwin v J Pickstock Ltd is one such judgment. It’s all about the adjudicator’s decision (or lack of), whether there was an extension of time for reaching that decision and whether the adjudicator had properly resigned and should be paid for the work he did (even though he did not reach a decision). It’s not quite Cubitt Building & Interiors v Fleetglade, but it does demonstrate how adjudicators need to be alive to banana skin tactics, even those coming from the referring party!’

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Practical Law: Construction Blog, 13th March 2018

Source: constructionblog.practicallaw.com

Challenge to investor-state jurisdiction award successful – OUT-LAW.com

Posted March 12th, 2018 in arbitration, jurisdiction, news, treaties, tribunals by sally

‘A recent ruling has highlighted the willingness and competence of courts to determine a tribunal’s scope of jurisdiction over disputes between investors and nation state governments, an arbitration expert has said.’

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OUT-LAW.com, 12th March 2018

Source: www.out-law.com

Does Grove v S&T herald the dawn of a new regime for payment notice disputes? – Practical Law: Construction Blog

Posted March 8th, 2018 in arbitration, construction industry, contracts, news, notification, remuneration by tracey

‘Unless you have been hiding under a rock (or have been on holiday somewhere), you can’t have failed to notice that Coulson J has handed down his last substantive TCC judgment. So much has already been written about Grove v S&T and what it means for the construction industry that there’s barely been room for anything else on my Twitter and LinkedIn feeds. There really is nowhere to hide from all the commentary.’

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Practical Law: Construction Blog, 6th March 2018

Source: constructionblog.practicallaw.com