Arbitration Notes
Tag: litigation
Showing 9 out of 9 results
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 …
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 …
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. …
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 …
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 …
"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 …
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 …
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 …
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 …