Category: arbitration

Speech by the Lord Chief Justice: The Bailii Lecture 2016 – Courts and Tribunals Judiciary

Posted March 21st, 2016 in arbitration, banking, Commercial Court, courts, judges, rule of law, speeches by tracey

‘As is well known, the development of the law in England and Wales was effected not only through cases where the claims were brought in the courts, but through claims that were brought in arbitrations. In 1979 (by statute) and 1981 (by Lords Denning and Diplock through an interpretation of that statute), the relationship between the courts and arbitration was changed on the perceived basis that it was damaging the attractiveness of London as a centre for dispute resolution through arbitration.’

Full speech

Courts and Tribunals Judiciary, 18th March 2016

Source: www.judiciary.gov.uk

What is it like to arbitrate? – Family Law Week

Posted March 4th, 2016 in arbitration, divorce, financial provision, news by tracey

‘Alexander Chandler, barrister, 1 King’s Bench Walk, offers insights into the arbitration process.’

Full story

Family Law Week, 26th February 2016

Source: www.familylawweek.co.uk

Let’s call it quits: Cruise ships, capital losses and mitigation – Commercial Disputes Blog

Posted February 22nd, 2016 in appeals, arbitration, charterparties, contracts, damages, news, ships by sally

‘In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law. The context in which it arose was an appeal from the decision of an arbitrator in a shipping charterparty dispute, but it is of significance much more widely in relation to English law contractual damages claims. In some ways, the question of principle which was being considered is remarkably simple, but that belies the complexity of the considerations needed to resolve it. ‘

Full story

Commercial Disputes Blog, 17th February 2016

Source: www.rpc.co.uk

One man’s loss is another man’s gain: choice of law rules for unjust enrichment claims – Commercial Disputes Blog

Posted February 22nd, 2016 in arbitration, conflict of laws, damages, EC law, fraud, news, restitution by sally

‘In a recent case, the English Commercial Court has determined that a claim in restitution based on unjust enrichment was governed by English law pursuant to EU Regulation 864/2007 (Rome II) and not the law of Geneva.’

Full story

Commercial Disputes Blog, 19th February 2016

Source: www.rpc.co.uk

Outsourcing and use of litigation assistants – Bar Council

Posted February 17th, 2016 in arbitration, barristers, codes of practice, conflict of interest, contracting out, foreign jurisdictions, international law, news, paralegals by michael

‘Purpose: To assist barristers regarding the rules and their ethical obligations relating to outsourcing and the use of litigation assistants.’

Full story

Bar Council, 17 February 2016

Source: http://www.barcouncil.org.uk

English courts will extend arbitration clauses to widest possible range of disputes, expert says – OUT-LAW.com

Posted December 15th, 2015 in arbitration, dispute resolution, news by sally

‘A contract’s arbitration clause should be extended to apply to a claim not directly covered by that contract, the High Court has ruled. The claim was brought by Russian businessmen against their former partners in the redevelopment of a Moscow hotel.’

Full story

OUT-LAW.com, 15th December 2015

Source: www.out-law.com

Finance & Divorce Update December 2015 – Family Law Week

Posted December 11th, 2015 in appeals, arbitration, child support, consultations, divorce, family courts, financial provision, news, statistics by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during November 2015.’

Full story

Family Law Week, 6th December 2015

Source: www.familylawweek.co.uk

Ramburs Inc v Agrifert SA – WLR Daily

Posted December 9th, 2015 in appeals, arbitration, contracts, interpretation, law reports, sale of goods by sally

Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm); [2015] WLR (D) 505

‘Where a buyer of goods FOB nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause appearing in GAFTA form 49, he was nevertheless required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Arbitration in landlord and tenant disputes – Tanfield Chambers

Posted December 9th, 2015 in arbitration, consumer protection, costs, dispute resolution, housing, landlord & tenant, leases, news by sally

‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’

Full story

Tanfield Chambers, 30th November 2015

Source: www.tanfieldchambers.co.uk

Practice guidance: Arbitration in the Family Court – Courts and Tribunals Judiciary

Posted November 26th, 2015 in arbitration, courts, family courts, financial provision, news by tracey

‘Guidance issued by Sir James Munby, President of the Family Division on 23 November 2015.’

Full guidance

Courts and Tribunals Judiciary, 23rd November 2015

Source: www.judiciary.gov.uk

Family ADR boosted by new guidance – Law Society’s Gazette

Posted November 25th, 2015 in arbitration, codes of practice, delay, dispute resolution, families, financial dispute resolution, financial provision, news, practice directions by sally

‘Sir James Munby, president of the Family Division, has issued guidance on arbitration in the family court in a move which could encourage more lawyers to view alternative dispute resolution (ADR) as a viable option.’

Full story

Law Society’s Gazette, 24th November 2015

Source: www.lawgazette.co.uk

Justice Knowles urges legal community to ‘work harder’ to keep UK as dispute resolution leader – Legal Week

Posted November 10th, 2015 in arbitration, dispute resolution, judges, news, pilot schemes, speeches by sally

‘Leading commercial judge outlines strategy to keep UK’s status as top destination for business disputes’

Full story

Legal Week, 6th November 2015

Source: www.legalweek.co.uk

Section 45 Arbitration Act 1996: a little known but useful tool – Hardwicke Chambers

Posted October 7th, 2015 in appeals, arbitration, jurisdiction, news by sally

‘This article examines the procedure under section 45 of the Arbitration Act 1996 for referring a preliminary question of law arising in arbitral proceedings to the Court. It also touches on some of the specific issues raised by the questions of law referred to the Court in Secretary of State for Defence v Turner Estate Solutions Limited [2015] EWHC 1150 (TCC).’

Full story

Hardwicke Chambers, 8th September 2015

Source: www.hardwicke.co.uk

Further court fee hikes “a denial of access to justice”, CJC says – Litigation Futures

Posted October 5th, 2015 in appeals, arbitration, civil justice, consultations, courts, fees, news, statistics by sally

‘A further round of court fee increases would amount to a “denial of access to justice”, the Civil Justice Council (CJC) has warned, adding its voice to the cacophony of opposition from the legal profession.’

Full story

Litigation Futures, 5th October 2015

Source: www.litigationfutures.com

Law Society in England calls for ‘radical’ employment tribunal reform – OUT-LAW.com

Posted September 15th, 2015 in appeals, arbitration, dispute resolution, employment tribunals, Law Society, news, reports, tribunals by tracey

‘The UK employment tribunal system is in need of “radical” restructuring if it is to work fairly and efficiently for employees, employers and the broader administration of justice, according to the Law Society of England and Wales.’

Full story

OUT-LAW.com, 14th September 2015

Source: www.out-law.com

Finance & Divorce Update – Family Law Week

Posted August 27th, 2015 in arbitration, dispute resolution, divorce, family courts, fees, financial provision, news, statistics by sally

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during July 2015.’

Full story

Family Law Week, 15th August 2015

Source: www.familylawweek.co.uk

ADR and costs – Hardwicke Chambers

Posted July 28th, 2015 in arbitration, budgets, costs, dispute resolution, news by sally

‘To say that there can be costs consequences for failing to engage in ADR is hardly news but it is something that is always worth remembering and, if you don’t remember it, there is a good chance that the court will remind you!’
Full story

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate” – Litigation Futures

Posted July 27th, 2015 in appeals, arbitration, news, stay of proceedings, striking out by sally

‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’

Full story

Litigation Futures, 27th July 2015

Source: www.litigationfutures.com

Saga delayed: A report on the continuing West Tankers saga – No. 5 Chambers

Posted July 27th, 2015 in arbitration, EC law, injunctions, jurisdiction, news by sally

‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’

Full story

No. 5 Chambers, 6th July 2015

Source: www.no5.com

Monthly Roundup – Costs and Budgeting – Zenith PI

Posted May 8th, 2015 in arbitration, budgets, civil procedure rules, costs, damages, dispute resolution, fees, news, personal injuries by tracey

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

Full story

Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com