‘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
‘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
‘Following the successful launch and running of the financial remedy and property arbitration scheme set up by Institute of Family Law Arbitrators (IFLA)[1] in February 2012, in July 2016 IFLA commenced the Children Scheme. Its aim is to provide parties with an alternative to Court, and is particularly useful when a dispute has reached the point that mediation is likely to be ineffective and where a neutral third party needs to make a decision as to what is in the child’s best interests in a particular circumstance.’
Pump Court Chambers, 21st April 2020
Source: www.pumpcourtchambers.com
‘In the second of two articles looking at the impact of coronavirus on international arbitration,[1] we consider the following two questions:
1. What challenges must arbitration overcome in order to fully adapt to the demands of remote working?
2. How, practically, can these challenges be met?’
39 Essex Chambers, 23rd April 2020
Source: www.39essex.com
‘The ongoing global pandemic created by Covid-19 (‘coronavirus’) has led to unprecedented restrictions on how we conduct our professional lives. In a matter of weeks, businesses around the world have had to make adjustments which, under different circumstances, would have been made over years – or not at all. The dispute resolution sector is no different.’
39 Essex Chambers, 20th April 2020
Source: www.39essex.com
‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’
St Philips Chambers, 22nd April 2020
Source: st-philips.com
‘Many small to medium sized businesses will, thankfully, rarely be involved in litigation. As a result, they will have little experience of what is to follow once they commence a dispute resolution process regardless of the nature of that process. In many cases, disputes will be addressed via litigation[1]. In many instances the perceived wrong done by the other side will drive the dispute forward. It is only perhaps when some of the initial expectation of a quick positive trial outcome fades, whilst the pre-trial process winds on, that parties will wonder ‘should this have gone on for so long’ and/or ‘was there a quicker way to do this?’ Nevertheless, once litigation is commenced it takes on an energy of its own and many parties are able to see the case through to an initial judgment. Matters may thereafter get more complex as (further) fatigue potentially sets in.’
33 Bedford Row, 10th April 2020
Source: www.33bedfordrow.co.uk
‘On 22nd February 2012 a new method of alternative dispute resolution was launched to assist parties to resolve their family problems: arbitration. Arbitration in Family Law developed at around the time when the scope of legal aid was being restricted as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Regulations made pursuant to that Act.’
Pump Court Chambers, 8th April 2020
Source: www.pumpcourtchambers.com
‘While the range of parties before tribunals has globalised, the typical composition of those tribunals has not. The international arbitrator community has long been said to comprise a club of “elderly white men”. If that was ever quite true, it is certainly less true now, but the international arbitrator community still lags well behind its users when it comes to diversity. Does this matter?’
Radcliffe Chambers, 15th April 2020
Source: radcliffechambers.com
‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’
Family Law Week, 14th April 2020
Source: www.familylawweek.co.uk
‘The Advisory, Conciliation and Arbitration Service (Acas) has set out the rights and responsibilities of employers and employees when working from home, in response to government advice for many workers to stay away from the office.’
Local Government Lawyer, 20th March 2020
Source: www.localgovernmentlawyer.co.uk
‘In this case comment, Richard Bamforth and Laura West from CMS comment on the decision handed down last month in the matter of Micula and others v Romania [2020] UKSC 5. Richard Bamforth is a partner in the Litigation and Arbitration group of CMS, based in the London office. He specialises in international arbitration (as counsel and as arbitrator), commercial litigation and alternative dispute resolution, with a focus on cross border disputes in the media, banking, finance, insolvency, energy and telecommunications sectors. Laura West is an associate at CMS based in Edinburgh. She specialises in construction, engineering and energy disputes providing operational and strategic contract advice as well as representing clients through a range of dispute resolution procedures including arbitration, litigation, adjudication and mediation. Laura has a particular interest in arbitration and is the current Vice Chair of the Global Steering Committee for the Chartered Institute of Arbitrators’ Young Members Group.’
UKSC Blog, 2nd March 2020
Source: ukscblog.com
‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’
OUT-LAW.com, 26th February 2020
Source: www.pinsentmasons.com
‘The appeals arose out of the attempted enforcement of an investment arbitration award in favour of the claimants against Romania in relation to investments made by the claimants in food production in Romania before the country acceded to the EU.’
UKSC Blog, 19th February 2020
Source: ukscblog.com
‘Disputes do arise. Between states, in businesses, within different sectors and in small knit groups, disagreements can happen, and they can have many unwelcome consequences.’
New Law Journal, 28th November 2019
Source: www.newlawjournal.co.uk
‘Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes.’
New Law Journal, 28th November 2019
Source: www.newlawjournal.co.uk
‘Arbitration is the best available process for resolving disputes arising from international construction projects and should be augmented but not replaced by technology, according to the findings of one of the largest surveys of the sector ever undertaken.’
Litigation Futures, 28th November 2019
Source: www.litigationfutures.com
‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’
Supreme Court, 5th November 2019
Source: www.supremecourt.uk
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