Case Comment: Independent Workers Union of Great Britain v Central Arbitration Committee and Anor [2023] UKSC 43 – UKSC Blog

‘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.’

Full Story

UKSC Blog, 23rd January 2024

Source: ukscblog.com

Modernised laws to secure UK as world leader in dispute resolution – Ministry of Justice

Posted November 24th, 2023 in arbitration, bills, dispute resolution, London, news by tracey

‘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.’

Full Story

Ministry of Justice, 22nd November 2023

Source: www.gov.uk

Arbitration Bill aims to retain pre-eminence of England and Wales – Legal Futures

Posted November 23rd, 2023 in arbitration, bills, disclosure, news, statutory duty by sally

‘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.’

Full Story

Legal Futures, 23rd November 2023

Source: www.legalfutures.co.uk

High Court laments “wholly unacceptable” last-minute adjournment – Legal Futures

Posted November 17th, 2023 in adjournment, arbitration, charging orders, Commercial Court, costs, news by tracey

‘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.’

Full Story

Legal Futures, 17th November 2023

Source: www.legalfutures.co.uk

Diag Human v Volterra Fietta – Hailsham Chambers

Posted November 15th, 2023 in appeals, arbitration, chambers articles, fees, news by sally

‘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.’

Full Story

Hailsham Chambers, 4th October 2023

Source: www.hailshamchambers.com

Nigeria wins arbitration award fight against P&ID as judgment referred to regulators over lawyers’ conduct – Law Society’s Gazette

‘A High Court judgment naming lawyers involved in an arbitration award under which Nigeria was ordered to pay a sum equal to its entire federal budget is to be sent to legal regulators, a judge ordered today.’

Full Story

Law Society's Gazette, 23rd October 2023

Source: www.lawgazette.co.uk

First post-PACCAR bid to invalidate litigation funding agreement fails – Legal Futures

Posted October 23rd, 2023 in arbitration, damages, law firms, news, Supreme Court by tracey

‘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.’

Full Story

Legal Futures, 23rd October 2023

Source: www.legalfutures.co.uk

Supreme Court and Privy Council simultaneously deliver important judgments on arbitration stays – Wilberforce Chambers

Posted October 9th, 2023 in appeals, arbitration, chambers articles, news, Privy Council, Supreme Court by sally

‘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.’

Full Story

Wilberforce Chambers, 25th September 2023

Source: www.wilberforce.co.uk

Reform of the 1996 Arbitration Act: What To Expect – 4-5 Gray’s Inn Square

Posted October 4th, 2023 in arbitration, chambers articles, Law Commission, news by sally

‘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.’

Full Story

4-5 Gray's Inn Square, September 2023

Source: www.4-5.co.uk

Strengthened immunity protection proposed in Arbitration Act reform – Law Society’s Gazette

‘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.’

Full Story

Law Society's Gazette, 6th September 2023

Source: www.lawgazette.co.uk

Law Commission drops plan to ban discrimination in appointing arbitrators – Legal Futures

Posted September 6th, 2023 in arbitration, bills, consultations, equality, Law Commission, news, sex discrimination by sally

‘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”.’

Full Story

Legal Futures, 6th September 2023

Source: www.legalfutures.co.uk

Limitation periods in international arbitration – OUT-LAW.com

Posted August 31st, 2023 in arbitration, enforcement, limitations, news, treaties by tracey

‘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.’

Full Story

OUT-LAW.com, 31st August 2023

Source: www.pinsentmasons.com

The Separability Principle: the Newcastle Express Case – Wilberforce Chambers

Posted August 1st, 2023 in arbitration, chambers articles, contracts, news by sally

‘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.’

Full Story

Wilberforce Chambers, July 2023

Source: www.wilberforce.co.uk

Construction disputes and FIDIC: how the 1999 Red Book deals with disputes – OUT-LAW.com

Posted July 3rd, 2023 in arbitration, construction industry, contracts, dispute resolution, news by tracey

‘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.’

Full Story

OUT-LAW.com, 3rd July 2023

Source: www.pinsentmasons.com

English court rejects arbitrator bias challenge on account of tactical delay – OUT-LAW.com

Posted June 7th, 2023 in arbitration, bias, delay, disclosure, news by sally

‘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.’

Full Story

OUT-LAW.com, 2nd June 2023

Source: www.pinsentmasons.com

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

‘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