‘In this case the Court of Appeal considered when a non-assignment clause would be effective to stop the transfer of a cause of action to an indemnifying insurer.’
39 Essex Chambers, 7th February 2024
Source: www.39essex.com
‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’
Gatehouse Chambers, 5th February 2024
Source: gatehouselaw.co.uk
‘Contax Partners inc BVI v Kuwait Finance House and others [2024] EWHC 436 (Comm). Legal news abounds these days with stories of fabricated decisions and authorities generated by ChatGPT and similar AI mechanisms. But there’s nothing like a bit of old-fashioned human plagiarism to tickle the palates, and the full force of a judge’s fury was unleashed on such an attempt recently in the High Court.’
UK Human Rights Blog, 9th March 2024
Source: ukhumanrightsblog.com
‘The recent Court of Appeal decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] EWCA Civ 64 (“Unicredit”) is the latest in a trilogy of cases1 involving successful applications to the English courts for the grant of anti-suit injunctions to restrain RusChemAlliance LLC (“RCA”), a Russian company, from continuing Russian proceedings brought in breach of arbitration agreements governed by English law. The distinguishing feature in each of these cases is that although the arbitration agreements were governed by English law, the chosen seat of the arbitration was Paris, France, and hence the supervisory court was not the English court but the French court.’
Wilberforce Chambers, 22nd February 2024
Source: www.wilberforce.co.uk
‘A High Court judge has set aside a multi-million pound arbitration award and judgment after finding they were “fabrications”. The Honourable Mr Justice Butcher said the result of his decision meant ‘unanswered but serious questions’ were left and would require investigation.’
Law Society's Gazette, 4th March 2024
Source: www.lawgazette.co.uk
‘A High Court judge has set aside an order he made to enforce a £74m arbitration award after discovering that both the arbitration agreement and ruling were fabricated.’
Legal Futures, 1st March 2024
Source: www.legalfutures.co.uk
‘The High Court has removed a sole arbitrator it found had pre-judged the merits of a dispute because he said he knew and would believe the expert witnesses one side had put forward.’
Legal Futures, 27th February 2024
Source: www.legalfutures.co.uk
‘In this post, Liz Jackson, Trainee Solicitor, and Max Wiktorsson, Associate, in the Employment Team at CMS, comment on the decision from the Supreme Court in Independent Workers Union of Great Britain v Central Arbitration Committee and Anor. [2023] UKSC 43. The case was heard by the Supreme Court on 25 and 26 April 2023 and judgment was handed down on 21 November 2023.’
UKSC Blog, 23rd January 2024
Source: ukscblog.com
‘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
© Inner Temple Library 2024