Arbitration Notes

UPDATE: THE WINNER LOSES IT ALL? ENGLISH COURT UPHOLDS NIGERIA'S CHALLENGE TO $11bn AWARDS IN 140 PAGE MEGA-JUDGMENT

Observing that "the facts and circumstances of this case... are remarkable" and that he did not do so "without reluctance" Knowles J upholds challenge to …

REFORMING THE ARBITRATION ACT

On 6 September 2023, the Law Commission published its final report on the proposed reform of the Arbitration Act 1996, together with a draft amendment …

UK Supreme Court interprets the "stay" provisions of s9 of the Arbitration Act 1996: rules Mozambique's claims fall outside scope of arbitration agreements and rejects s9 application for stay

Introduction In Republic of Mozambique v Privinvest Shipbuilding SAL and others [2023] UKSC 32, the Supreme Court has unanimously found the Republic of …

ENGLISH COURT RETAINS POWER TO AWARD COSTS AFTER ARBITRATION CHALLENGE DISMISSED

English Commercial Court rejects consumer's public policy challenge to arbitration award due to insufficiently "close connection" of the contract to UK

In Eternity Sky Investments Ltd v Mrs Xiaomin Zhang [2023] EWHC 1964 (Comm), the English Commercial Court has rejected a challenge to an arbitration …

ENGLISH HIGH COURT REJECTS RENEWED ORAL APPLICATION FOR PERMISSION TO APPEAL AN ARBITRAL AWARD ON A POINT OF LAW

In Osler v Osler and Others, [2023] EWHC 1270 (Ch), the Chancery Division of the English High Court has ruled that the Court cannot allow a renewed oral …

FULLY VIRTUAL HEARING NOT A GROUND TO REFUSE ENFORCEMENT, HONG KONG COURT RULES

The Hong Kong Court of First Instance has ruled that the holding of a fully virtual hearing despite the opposition of one of the parties did not provide …

The Law Commission's Second Consultation Paper – an evolving approach

This week the Law Commission published a second Consultation Paper as part of its review of the English Arbitration Act (the Act). The Paper raises three …

Court of Appeal confirms peremptory order despite pending jurisdictional challenge

In the case of S3D Interactive, Inc v Oovee [2022] EWCA Civ 1665, the Court of Appeal has dismissed an appeal of a decision to enforce a peremptory order …

ANOTHER ONE BITES THE DUST: THE FIONA TRUST PRINCIPLE AGAIN SEES OFF NDK'S CASE BEFORE THE ENGLISH COMMERCIAL COURT

In NDK Ltd v HUO Holding (No 2) [2022] EWHC 2580 (Comm), the English Commercial Court dismissed NDK's section 67 challenge brought against an LCIA award, …

STAY OF NFT CONSUMER CLAIM IN FAVOUR OF NEW YORK ARBITRATION REFUSED UNDER AA 1996, S 9(4) (SOLEYMANI V NIFTY GATEWAY)

HSF Partner Simon Chapman KC, Senior Associate Charlie Morgan, Associate Olga Dementyeva and Trainee Solicitor Dan Huang have recently written an article …

Fine-tuning the English Arbitration Act: reactions to the Law Commission's consultation paper

Today, the Law Commission published its first consultation paper as part of its review of the Arbitration Act 1996 (the "Act"). The stated aim of the …