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.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 22

The new LCIA rules
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 6 2014

The London Court of International Arbitration (LCIA) has formally adopted new Arbitration Rules which came into effect on 1 October 2014, and will


“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
  • European Union, United Kingdom
  • 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


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


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


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


Arbitration in England: major court decisions of 20112012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 5 2012

This newsletter provides a snapshot of some of the key English judgments of 2011 and 2012 of interest to those involved, or potentially involved, in international arbitrations seated in London and therefore procedurally governed by English law


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


OIC Investment Treaty investor protection in the Islamic world
  • Herbert Smith Freehills LLP
  • Libya, Middle East, Oman, Pakistan, Saudi Arabia, Syria, United Arab Emirates, United Kingdom
  • September 28 2012

One of the key considerations when looking at overseas investment, particularly in the emerging markets, is the protection that the foreign investor will have from state expropriation of the investor’s assets and from other interference in the investment


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


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