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U.K. Supreme Court provides welcome clarity on how to determine the governing law of an arbitration agreement

United Kingdom - October 14 2020 In its recent decision in Enka v Chubb [2020] UKSC 38,the U.K. Supreme Court has provided a high degree of clarity on the test to be applied to…

Paul Brumpton, Dipen Sabharwal.

Dallah Revisited: The French and English Courts in Conflict Again Regarding Arbitral Jurisdiction Over Non-Signatories

France, United Kingdom - July 9 2020 The ongoing Kout Food saga provides a salutary reminder that difficult issues can sometimes arise when parties choose different systems for the…

Niels Aujouannet-Kelner, Paul Brumpton, Elizabeth Oger-Gross.

Court of Appeal confirms power of English Courts to grant anti-suit injunctions in support of London-seated arbitrations, regardless of law governing the arbitration agreement

United Kingdom - May 15 2020 In its recent decision in Enka v Chubb [2020] EWCA Civ 574,1 the Court of Appeal strongly endorsed the English courts' power to grant anti-suit…

Paul Brumpton, Dipen Sabharwal.

The English Courts' powers to order the taking of evidence of third parties in support of arbitration proceedings: Court of Appeal stops short of setting a broader principle

United Kingdom - April 17 2020 In its recent decision in A and B v C, D and E [2020] EWCA Civ 409, the Court of Appeal concluded that English Courts have the power under section…

Dipen Sabharwal, Stephanie Stocker.

CAA v R (on the application of Limited): the Court of Appeal confirms the dominant purpose test for legal advice privilege

United Kingdom - February 11 2020 In perhaps the clearest statement on this issue to date, the Court of Appeal in The Civil Aviation Authority v R (on the application of…

John Rogerson.