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Showing 12 out of 20 results
The Revised Brussels Regulation: Are we back to where we started?
On 10 December, the Council of EU Justice Ministers voted to adopt the revision of Regulation (EC) 44/2001 on jurisdiction and the recognition and …
Speak Now or Forever Hold Your Peace: s68 Challenge for Lack of Opportunity to Make Full Submissions Fails
It is well-known that applicants seeking to challenge an award under section 68 of the Arbitration Act 1996 (the "Act") must overcome a high threshold in …
Brussels Regulation reform: a further step towards protecting the arbitration exception
On 20 November 2012 the European Parliament voted in favour of the Legal Affairs' Committee amendments to the European Commission's proposal to reform …
The Law of State Responsibility: University's conduct not attributable to Ukraine
In an Award on jurisdiction and liability published on 25 October 2012, an ICSID Tribunal dismissed the claims brought by US investors Bosh …
Turville v Chartis and the "arbitration clause" that wasn't…"
A clause providing for loss to be assessed under an insurance policy by way of a so-called "arbitration" procedure was held to be non-compliant with the …
Arbitration agreements set to be protected by the pending Brussels Regulation reform
On 11 October, the European Parliament's Legal Affairs Committee approved its report on reform of the Regulation on Jurisdiction and the Recognition and …
Supreme Arbitrazh Court in Russia publishes reasoning in Sony Ericsson case invalidating unilateral options in dispute resolution clauses
Russia's highest court has issued a decree which potentially invalidates a jurisdiction clause which is widely used by investors and lenders in Russia. …
UK Supreme Court clarifies "commercial purposes" exception to state immunity; when enforcing against property, its origin is irrelevant
The UK Supreme Court has issued a decision relating to the enforcement of state assets in SerVaas Incorporated v Rafidain Bank and others. This …
Swiss Court considers whether tribunal retains jurisdiction following annulment of award
Earlier this year, the Swiss court considered, amongst other interesting points, the doctrine of functus officio (namely, the determination of whether a …
Privy Council rules on the liability of State-owned corporations for debts of the State
On 17 July 2012, the Privy Council gave judgment in a case brought by FG Hemisphere, a Delaware corporation, against La Générale des Carrières et des …
English Court decision on enforcement of awards annulled at the seat: (1) allows part of Rosneft's appeal in Yukos Capital v Rosneft on basis that issue estoppel does not apply; and (2) provides guidance on the limitations of the act of state doctrine
The Court of Appeal has allowed part of Rosneft's appeal in the long-running Yukos Capital v Rosneft case. Rosneft sought to overturn a first instance …
German court confirms the protection of investors under intra-EU BITs
On 10 May 2012, the Higher Regional Court (Oberlandesgericht) in Frankfurt issued a long-awaited decision in annulment proceedings brought against a …
Showing 12 out of 20 results
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Simon Chapman KC
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