Category: arbitration

OUTLOOK: Building for the Future – Climate Change and Arbitration – 39 Essex Chambers

Posted April 12th, 2023 in arbitration, chambers articles, climate change, environmental protection, news by sally

‘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.’

Full Story

39 Essex Chambers, 28th March 2023

Source: www.39essex.com

Law Commission widens planned discrimination ban in arbitration – Legal Futures

Posted March 30th, 2023 in arbitration, consultations, diversity, Law Commission, news, sex discrimination by sally

‘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.’

Full Story

Legal Futures, 30th March 2023

Source: www.legalfutures.co.uk

Case Preview: Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and Ors – UKSC Blog

Posted January 27th, 2023 in appeals, arbitration, bribery, corruption, guarantees, news, Supreme Court by sally

‘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.’

Full Story

UKSC Blog, 26th January 2023

Source: ukscblog.com

What reasonable steps does a party have to take to overcome a force majeure clause? – Mills & Reeve

Posted January 5th, 2023 in arbitration, charterparties, contracts, news by sally

‘Does a party have to accept non-contractual performance to mitigate the impact of a force majeure event?’

Full Story

Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Court of Appeal in London rules on reasonable endeavours in force majeure clause – OUT-LAW.com

Posted November 23rd, 2022 in appeals, arbitration, contracts, dispute resolution, news, shipping law by sally

‘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.’

Full Story

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

Posted November 7th, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, speeches by tracey

‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’

Full speech

Courts & Tribunals Judiciary, 31st October 2022

Source: www.judiciary.uk

Separating couples should “try almost anything” before going to court – Legal Futures

Posted November 2nd, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, news by sally

‘Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way” to resolve child disputes in particular.’

Full Story

Legal Futures, 2nd November 2022

Source: www.legalfutures.co.uk

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

Posted October 28th, 2022 in arbitration, contracts, foreign jurisdictions, international law, jurisdiction, news, service, service out of jurisdiction by tracey

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

Full Story

OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

Lord Hodge, Guildhall Lecture – Supreme Court

Posted October 7th, 2022 in arbitration, courts, government departments, judges, judiciary, legal history, legal profession, parliament, rule of law, speeches, Supreme Court by tracey

‘Lord Hodge, Guildhall Lecture – The Rule of Law, the Courts and the British Economy.’

Full speech

Supreme Court, 4th October 2022

Source: www.supremecourt.uk

New reforms to ensure UK retains position as a leader in international arbitration – Law Commission

Posted October 7th, 2022 in arbitration, consultations, international law, Law Commission, news, statute law revision by tracey

‘The Law Commission of England and Wales has today unveiled new proposals to update the Arbitration Act 1996, to ensure that the UK continues to be the foremost destination for international arbitration.’

Full Story

Law Commission, 22nd October 2022

Source: www.lawcom.gov.uk

Law Commission seeks ban on discrimination in appointing arbitrators – Legal Futures

Posted September 22nd, 2022 in agreements, arbitration, consultations, equality, Law Commission, news, recruitment, sex discrimination by sally

‘Arbitration agreements requiring that the arbitrator be a “commercial man” or otherwise specifying a protected characteristic will be unenforceable under Law Commission proposals published today.’

Full Story

Legal Futures, 22nd September 2022

Source: www.legalfutures.co.uk

“Sportswashing – Are Legal Remedies Available?” – Church Court Chambers

Posted August 18th, 2022 in arbitration, human rights, international courts, news, sport, United Nations by sally

‘The phrase ‘sportswashing’ is one that is used regularly in the press. So, what is it? There is no single definition and none that appears in the Oxford English dictionary. We can be bold and safely surmise that it is where a state uses sport to propel their reputation positively as a means to cover their poor human rights record.’

Full Story

Church Court Chambers, July 2022

Source: churchcourtchambers.co.uk

Lord Reed, London International Disputes Week – Supreme Court

Posted May 13th, 2022 in arbitration, dispute resolution, judges, judiciary, legal services, London, rule of law, speeches by tracey

‘Lord Reed, London International Disputes Week.’

Full speech

Supreme Court, 11th May 2022

Source: www.supremecourt.uk

‘£33 quadrillion’ serial litigant given two-year court ban – Law Society’s Gazette

Posted April 14th, 2022 in arbitration, judicial review, news, restraining orders, vexatious litigants by tracey

‘A serial litigant who has “repeatedly advanced baseless allegations of dishonesty and bad faith” in a litany of claims has been banned from bringing claims in the High Court for two years.’

Full Story

Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

TCC finds adjudicator did not undermine arbitration award – Practical Law: Construction Blog

Posted February 22nd, 2022 in arbitration, construction industry, dispute resolution, enforcement, jurisdiction, news by tracey

‘Compared to the restrictions we faced a couple of months ago with the emergence of the Omicron variant of COVID-19, it really does feel as if we are starting to return to some normality, and it was wonderful to see so many construction law professionals at the Society of Construction Law lunch in London last Friday. I had intended to read Morris J’s interesting judgment in John Graham Construction Ltd v Tecnicas Reunidas UK Ltd on the train home, but I sensibly put that off until the weekend, otherwise I fear my ramblings might have been somewhat difficult to discern.’

Full Story

Practical Law: Construction Blog, 16th February 2022

Source: constructionblog.practicallaw.com

Law Commission to review the Arbitration Act 1996 – Law Commission

Posted December 3rd, 2021 in arbitration, consultations, Law Commission, news, statute law revision by tracey

‘The Law Commission has today, 30 November 2021, announced that it will conduct a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales and Northern Ireland.’

Full Story

Law Commission, 30th November 2021

Source: www.lawcom.gov.uk

Case Comment: Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted November 16th, 2021 in arbitration, assignment, choice of forum, enforcement, news, subsidiary companies by sally

‘In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements.’

Full Story

UKSC Blog, 16th November 2021

Source: ukscblog.com

UK Supreme Court gives guidance on arbitration agreement applicable law – OUT-LAW.com

Posted November 3rd, 2021 in appeals, arbitration, chambers articles, enforcement, international courts, news, Supreme Court by sally

‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’

Full Story

OUT-LAW.com, 2nd November 2021

Source: www.pinsentmasons.com

Art collector’s court case signals potential legal and contractual issues with NFTs – OUT-LAW.com

Posted October 28th, 2021 in arbitration, artistic works, auctioneers, internet, news by sally

‘Liverpool-based art collector and computer programmer Amir Soleymani has recently filed a High Court claim against non-fungible token (NFT) marketplace Nifty Gateway, concerning the auction terms relating to his $650,000 third-place bid for digital artist Beeple’s “Abundance” NFT.’

Full Story

OUT-LAW.com, 26th October 2021

Source: www.pinsentmasons.com

New Judgment: Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted October 28th, 2021 in appeals, arbitration, company law, food, news, Supreme Court by sally

‘The Appellant, a Lebanese company, entered into a Franchise Development Agreement with a Kuwaiti company, granting a licence to operate its restaurant franchise in Kuwait for ten years. In 2005, the company became a subsidiary of the Respondent. A dispute arose under the FDA and linked Franchise Agreements, which was referred to arbitration.’

Full Story

UKSC Blog, 27th October 2021

Source: ukscblog.com