Children: Private Law Update December 2020 – Family Law Week
‘Alex Verdan QC of 4PB analyses some recent important judgments in private children law.’
Family Law Week, 8th December 2020
Source: www.familylawweek.co.uk
Category: arbitration
The law applicable to an arbitration agreement: Part 1 of our analysis of Enka v OOO Insurance – Hardwicke Chambers
‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’
Hardwicke Chambers, 2nd December 2020
Source: hardwicke.co.uk
High Court rules out “retrospective” arbitration appeal – Litigation Futures
‘The High Court has ruled that it has no power to consider a “retrospective” application for permission to appeal against its judgment in an arbitration case which was itself an appeal.’
Litigation Futures, 2nd December 2020
Source: www.litigationfutures.com
New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog
‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’
UKSC Blog, 27th November 2020
Source: ukscblog.com
The Nature of Demurrage: K Line Pte Ltd v Priminds Shipping (Hk) Co. Ltd. m.v. “Eternal Bliss” [2020] EWHC 2373 (Comm) – 33 Bedford Row
‘An important point regarding the nature of demurrage may, finally, have been conclusively determined by the High Court in this recent case, which came before Mr Justice Andrew Baker. It is however presently the subject of an appeal to the Court of Appeal (leave having been granted by the learned judge), so a definitive answer is awaited.’
33 Bedford Row, 12th November 2020
Source: www.33bedfordrow.co.uk
Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers
‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’
Hardwicke Chambers, 14th October 2020
Source: hardwicke.co.uk
Reducing Family Law Cases Backlog: Is Arbitration the Answer? – 33 Bedford Row
‘Since the outbreak of Covid-19, the pandemic has led to delays in the court system, hearings being adjourned and a substantial backlog of all types of cases but especially family cases. Parties wanting speedy justice are resorting to out of court processes such as mediation and arbitration as a means to resolve disputes efficiently to overcome this time-lag.’
33 Bedford Row, 30th October 2020
Source: www.33bedfordrow.co.uk
Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square
‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’
4 New Square, 14th October 2020
Source: www.4newsquare.com
Supreme Court decision on governing law of arbitration agreement – Littleton Chambers
‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’
Littleton Chambers, 9th October 2020
Source: littletonchambers.com
Appealing an arbitration award – Transparency Project
‘The question the court had to decide recently was what was the test to be applied by the court in those cases where the parties had agreed to arbitration, but one party was dissatisfied with the award?’
Transparency Project, 26th October 2020
Source: www.transparencyproject.org.uk
Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court
‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’
Six Pump Court, 20th October 2020
Source: www.6pumpcourt.co.uk
New Judgment: Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 – UKSC Blog
‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’
UKSC Blog, 9th October 2020
Source: ukscblog.com
Arbitration Claims Under CPR Part 62: Is Forum Non Conveniens Relevant? – Hardwicke Chambers
‘This article reviews the recent case of Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors (Rev 1) [2020] EWCA Civ 574.’
Hardwicke Chambers, 23rd July 2020
Source: hardwicke.co.uk
Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – II – Oxford Human Rights Hub
‘In the coming days, labour lawyers from around the world will be tuning in to watch the arguments in Uber v Aslam. In terms of the wider ramifications of the reasoning in Heller, what are the prospects for the ‘contractual’ and the “constitutional” approaches in Aslam? As already noted, the wider doctrine of unconscionability in Heller is unlikely to find favour in the English courts. More importantly, disputes about the employment contract in English courts are rarely about the contract rights themselves. The (private) contract is a gateway into a suite of (public) statutory employment protections. It would make little sense for a worker to seek to set aside the contract by using unconscionability as a vitiating factor, when the statutory protections depend upon the contract being valid and enforceable. This limits the practical relevance of Heller’s expanded unconscionability doctrine, given the statutory context to most employment litigation in the UK.’
Oxford Human Rights Hub, 20th July 2020
Source: ohrh.law.ox.ac.uk
Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – I – Oxford Human Rights Hub
‘Across the world, Gig employers are now facing a legal reckoning in the highest courts. On 21st July, the issue of whether Uber drivers are “workers” will be considered by a seven-member panel of the UK Supreme Court. This follows on from Mr Heller’s momentous victory in a recent decision of the Supreme Court of Canada (SCC) in Uber Technologies Inc. v. Heller which involved a legal challenge to a mandatory arbitration clause in a contract between Uber and an UberEATS driver. The arbitration clause required disputes to be referred to arbitration in Amsterdam, which would be subject to the law of the Netherlands. The clause also required the payment of US $14,500 as an upfront administrative cost. The appellant earned $20,800–$31,200 per year before taxes and expenses were deducted. Nor did the fee include other costs likely to be incurred in an arbitration, such as travel to Amsterdam, accommodation, and legal representation. Students of transnational labour law of a certain generation cut their teeth on great debates about “offshoring” and the disintegrative risks to labour standards posed by capital mobility. The Heller case is an important reminder that we are now in an era of juridical mobility: employing entities seek to escape national labour law systems without the cost and inconvenience of spatial mobility.’
Oxford Human Rights Hub, 19th July 2020
Source: ohrh.law.ox.ac.uk
OHL v Qatar Foundation and tribunal’s powers to correct awards and scope of permissible challenges – Atkin Chambers
‘Challenges were brought by a contractor (JV) under sections 67 and 68(2)(b) of the Arbitration Act 1996 (AA 1996) in respect of an addendum award (the Addendum) issued by an International Chamber of Commerce (ICC) tribunal. The Addendum was issued following an application by the employer to correct a fourth partial award. JV’s challenges were dismissed and the judge gave helpful guidance as to the scope of AA 1996, ss 67 and 68 and the scope of a tribunal’s power to correct and/or interpret its award. Written by Simon Lofthouse QC and Zulfikar Khayum, barristers, at Atkin Chambers, and counsel for Qatar Foundation.’
Atkin Chambers, 6th July 2020
Source: www.atkinchambers.com
Recent Cases on the Law of an Arbitration Agreement and Anti-Suit Injunctions – 39 Essex Chambers
‘In this podcast, Niraj Modha considers two recent decisions: Enka v Chubb [2020] EWCA Civ 574 and Times Trading Corporation v National Bank of Fujairah [2020] EWHC 1078 (Comm).’
39 Essex Chambers, 1st June 2020
Source: www.39essex.com
