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Tag: litigation

Showing 9 out of 9 results

28 July 2023

Third party funding for English-seated arbitration: do the English DBA regulations apply?

The English Supreme Court has confirmed in Paccar Inc v Road Haulage Association Ltd [2023] UKSC 28 that litigation funding arrangements based on a share …

29 June 2023

Pleading Points in International Arbitration: Substance Over Form?

In a recent post on the Kluwer Arbitration blog, James Allsop, Chad Catterwell, Guillermo García-Perrote and Mariia Artemenko consider whether arbitral …

30 January 2023

GIVE MANDATORY MEDIATION A CHANCE: INSIGHTS FROM THE LCAM-HSF SURVEY ON COMPULSORY MEDIATION

Study shows support by members of the dispute resolution community for some degree of mandatory mediation in both litigation and arbitration proceedings. …

30 November 2022

Not necessary to keep the lights on: court rejects application for urgent relief and gives green light to arbitration

In Power and Water Corporation v ENI Australia B.V [2022] WASC 376 the Supreme Court of Western Australia has provided clarification on the use of …

03 October 2022

The European Parliament's proposed regulation of litigation funders: what you need to know

The European Parliament has published a proposed Directive to regulate commercial third party funding within the EU. The draft proposal can be found here …

22 January 2016

"Any Party may submit a dispute to arbitration": Privy Council interprets permissive language as giving parties the right to compel arbitration by giving notice after litigation begins

In the case of Anzen Limited and others (Appellants) v Hermes One Limited (Respondent) (British Virgin Islands), the Privy Council ("PC") considered the …

15 July 2015

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 …

19 March 2015

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 …

30 September 2013

Dispute Resolution in Africa - The Philosophy of Risk

Herbert Smith Freehills Partners Stéphane Brabant, John Ogilvie and Paula Hodges have published an article in the October issue of PLC Magazine entitled …