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UK Supreme Court confirms power to issue an anti-suit injunction even when no arbitration is underway or proposed

Herbert Smith Freehills LLP
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United Kingdom
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June 14 2013

The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in

UK High Court finds conciliation clause too uncertain to be enforceable

Herbert Smith Freehills LLP
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United Kingdom
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May 29 2013

As discussed in relation to the Sulamerica case (see post), it is relatively common to have a tiered dispute resolution clause providing for

Court allows a security for costs application against recalcitrant respondent seeking to challenge arbitral award, but refuses to require payment in of value of award

Herbert Smith Freehills LLP
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United Kingdom
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May 29 2013

In the case of X v Y Queen's Bench Division (Commercial Court), 07 May 2013 the court has grappled with the options available to a claimant against a

UK: post Jackson reforms are mediation costs recoverable?

Herbert Smith Freehills LLP
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United Kingdom
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May 29 2013

Under Lord Justice Jackson's costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADRsettlement discussions

English court reaffirms its jurisdiction and willingness to compel foreign defendants to disclose their assets worldwide in aid of execution of arbitration awards

Herbert Smith Freehills LLP
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United Kingdom
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May 28 2013

In a judgment handed down on 23 May 2013 in Cruz City 1 Mauritius Holdings v (1) Unitech Limited; (2) Burley Holdings Limited; and (3) Arsanovia

Court of Appeal grapples with the relationship between an arbitration clause and the rights of third parties: decision in Fortress Value case upheld but on different reasons

Herbert Smith Freehills LLP
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United Kingdom
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May 2 2013

In May 2012, the Commercial Court dealt with the circumstances in which a third party beneficiary of a right under a contract will be treated as a

Adjudicator has jurisdiction despite concurrent referrals and late service of referral notice

Herbert Smith Freehills LLP
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United Kingdom
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April 22 2013

The UK High Court has ruled that an adjudicator had jurisdiction to make two decisions despite the fact that the responding party (Newlon) did not

Adjudication and human rights, the law in England, United Kingdom

Herbert Smith Freehills LLP
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United Kingdom
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April 15 2013

The European Convention on Human Rights was enacted into U.K. Law by the Human Rights Act 1998. The Act appends a Protocol setting out a schedule of

An end to “speculative” challenges to arbitral awards? The English courts raise the sanction of indemnity costs for unmeritorious s68 applications

Herbert Smith Freehills LLP
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United Kingdom
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April 3 2013

Over the past few years, we have seen a substantial rise in the number of applications to the English court challenging arbitral awards on grounds of

English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation

Herbert Smith Freehills LLP
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United Kingdom
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March 28 2013

In a withering attack on what he terms "the emasculation of Legal Aid" and the inevitable increase in unrepresented litigants in the English courts

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Search results

UK Supreme Court confirms power to issue an anti-suit injunction even when no arbitration is underway or proposed

UK High Court finds conciliation clause too uncertain to be enforceable

Court allows a security for costs application against recalcitrant respondent seeking to challenge arbitral award, but refuses to require payment in of value of award

UK: post Jackson reforms are mediation costs recoverable?

English court reaffirms its jurisdiction and willingness to compel foreign defendants to disclose their assets worldwide in aid of execution of arbitration awards

Court of Appeal grapples with the relationship between an arbitration clause and the rights of third parties: decision in Fortress Value case upheld but on different reasons

Adjudicator has jurisdiction despite concurrent referrals and late service of referral notice

Adjudication and human rights, the law in England, United Kingdom

An end to “speculative” challenges to arbitral awards? The English courts raise the sanction of indemnity costs for unmeritorious s68 applications

English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation

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