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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

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

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

Dispute resolution clauses and the importance of drafting
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 14 2010

A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties

  • Herbert Smith Freehills LLP
  • Vietnam, United Kingdom
  • January 31 2011

On 1 January 2011 the Law on Commercial Arbitration ("LCA") came into force in Vietnam

The competence-competence doctrine and the enforcement of arbitral awards
  • Herbert Smith Freehills LLP
  • Pakistan, United Kingdom
  • January 25 2011

In our January 2009 newsletter, we reported on the English High Court judgment in Dallah Real Estate & Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan

Discrimination and arbitration: English Court of Appeal sets restrictions on the freedom of the arbitral process
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 30 2010

On 22 June 2010, the English Court of Appeal held, in Jivraj v Hashwani, that specifying religious criteria for the appointment of an arbitrator in an arbitration clause in a commercial contract rendered the clause void

“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