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Results: 1-10 of 53

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


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


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


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


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


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


A significant new decision: Walter Lilly v Mackay July 2012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 31 2012

In a major judgment published on 11 July 2012, Walter Lilly v. Mackay, Mr Justice Akenhead, the judge in charge of the Technology and Construction Court in London ("TCC") has given guidance on a number of important issues in construction law


How to terminate contracts effectively
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 19 2013

On 10th October 2013 the Technology & Construction Court, a division of the English High Court, decided the case of SABIC v PLL and SCL. The case


English Court of Appeal: The valuation of omitted works should not account for any breach of contract
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 29 2014

This is the second case between MT Hojgaard AS ("MTH") and E.ON concerning the construction of the Robin Rigg East offshore wind farm in the Solway


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