All posts
Showing 12 out of 17 results
English High Court orders payment of $100m arbitral peremptory order, denying KRG claim to immunity
In its recent judgment of 20 November 2015, the High Court of England and Wales (the "Court") enforced a US$100m peremptory order made in arbitral …
English Court of Appeal permits enforcement of a New York Convention award on the basis of excessive delay in challenge proceedings in the courts of the seat
In its judgment in IPCO (Nigeria) Limited v Nigerian National Petroleum Corporation (No.3) [2015] EWCA Civ 1144 & 1145, handed down on 10 November …
English court adjourns enforcement of ECT award whilst annulment proceedings are pending in Sweden
The potential to enforce an award which is being challenged, or has been annulled, in the courts of the seat is a question which often interests users of …
English High Court orders disclosure of arbitration documents by agent to principal
In its recent judgment AMEC Foster Wheeler Group Limited v Morgan Sindall Professional Services Limited & Ors [2015] EWHC 2012 (TCC) (available …
Attempted re-litigation of issues submitted to arbitration: English Court takes a robust approach
In Swallowfalls Limited v (1) Monaco Yachting & Technologies S.A.M. and (2) Mr Peter Landers JR, the English Commercial Court (the Court) rejected an …
English High Court dismisses section 68 challenge to arbitral award on basis of delay
In its recent judgment in B.V. Scheepswerf Damen Gorinchem v The Marine Institute [2015] EWHC 1810 (Comm) (available here), the English High Court (the …
English High Court considers the proper construction of an arbitration clause to determine whether the ICC has jurisdiction to arbitrate the dispute
In Hashwani v OMV Maurice Energy Ltd [2015] EWHC 1811 (Comm), the English High Court (the Court) dismissed an application by reference to section 72 of …
Finality of partial awards: English court finds that applicant loses the right to object to jurisdiction by failing to challenge a partial award
In Emirates Trading Agency LLC v Sociedade de Fomento Industrial Private Limited [2015] EWHC 1452 (Comm), the English High Court (the Court) dismissed an …
The English High Court finds that arbitration clause "trumps" insolvency rules
The case of Philpott & Orton v Lycee Francais Charles De Gaulle School serves as a welcome reminder that the English court will strictly enforce …
States lose immunity by taking steps in proceedings in the English Courts to challenge an arbitral Tribunal's jurisdiction
In an appeal in a case considering the interrelation between arbitration and state immunity, on an application by France and Spain (the States), the …
Staying enforcement of awards: the English Commercial Court offers practical guidance for both sides
In a recent decision Y and S [2015] EWHC 612, the English Commercial Court considered the circumstances in which the Court would (i) make an order …
Fiona Trust v Privalov in the High Court
The Fiona Trust case is one of the best known decisions in English arbitration case law, setting out a "fresh start" in English jurisprudence with the …
Showing 12 out of 17 results
View more