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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 High Court upholds two challenges to jurisdiction

Herbert Smith Freehills LLP
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United Kingdom
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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
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United Kingdom, Zambia
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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
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United Kingdom
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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
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United Kingdom
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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
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United Kingdom
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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
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United Kingdom
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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

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

Herbert Smith Freehills LLP
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United Kingdom
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July 3 2012

The Court of Appeal has allowed part of Rosneft’s appeal in the long-running Yukos Capital v Rosneft case

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

Herbert Smith Freehills LLP
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United Kingdom
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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

“West Tankers” saga continues: court rejects tribunal’s finding that it did not have jurisdiction to award damages for breach of an obligation to arbitrate

Herbert Smith Freehills LLP
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European Union, United Kingdom
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April 18 2012

In the most recent of a long running series of decisions arising from a collision between the Appellant’s vessel, the “Front Comor”, and a Sicilian pier owned by the vessel’s charterers, the English court has found that the majority of the tribunal was wrong to decline jurisdiction over a claim for equitable damages for breach of an arbitration clause

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

English High Court upholds two challenges to jurisdiction

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

Unilateral jurisdiction clauses may not always be effective

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

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

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

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

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

“West Tankers” saga continues: court rejects tribunal’s finding that it did not have jurisdiction to award damages for breach of an obligation to arbitrate

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