We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 14

High Court rejects challenge to an arbitral award for serious irregularity

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 24 2013

In the case of Primera Maritime (Hellas) Limited and Others vs Jiangsu Eastern Heavy Industry Co Ltd and others, published on 15 October 2013, the

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
  • -
  • United Kingdom
  • -
  • 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 High Court upholds two challenges to jurisdiction

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 22 2013

The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack

U&M Mining Zambia Ltd v Konkola Copper Mines Plc: Court of the seat does not have exclusive jurisdiction to grant interim measures in support of arbitration

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom, Zambia
  • -
  • February 28 2013

In the recent case of U&M Mining Zambia Ltd v Konkola Copper Mines plc 2013 EWHC 260 (Comm), the court examined the question of whether English

Unilateral jurisdiction clauses may not always be effective

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 12 2013

Dispute resolution clauses that give one party the right to choose where disputes will be resolved are not uncommon, particularly in finance

English Court confirms principles it will apply in deciding whether materials produced in an arbitration should be disclosed

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 1 2013

The recent case of Westwood Shipping Lines Inc and another v Universal Schiffartsgesellschaft MBH and another 2012 EWHC 3837 (Comm) has confirmed

Speak now or forever hold your peace: S68 challenge for lack of opportunity to make full submissions fails

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 5 2012

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 (i) establishing a serious irregularity and (ii) demonstrating that this serious irregularity has caused substantial injustice

Turville v Chartis and the “arbitration clause” that wasn’t

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 8 2012

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 Act 1996 and therefore not a genuine arbitration clause

Court of Appeal upholds anti-suit injunction against a non-party to an arbitration clause

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 22 2012

In Joint Stock Asset Management Company Ingosstrakh Investments v BNP Paribas SA 2012 EWCA Civ 644 the Court of Appeal has upheld an anti-suit injunction against a non-party to an arbitration clause on the grounds that Russian proceedings being pursued by that non-party were vexatious and oppressive