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Wolters Kluwer Asia-Pacific | United Kingdom | 27 Jan 2022

Tenke v Katanga: The English Commercial Court Provides Further Clarity on the Ability to Recover Third Party Funding Costs in Arbitration

The recent English Commercial Court decision in Tenke Fungurume Mining SA v Katanga Contracting Services SAS [2021] EWHC 3301 (Comm) has provided an…
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Clifford Chance | United Kingdom | 20 Jan 2022

Serious irregularity challenge for awarding third-party funding costs and for refusing to adjourn proceedings rejected

The High Court recently rejected a challenge to an arbitral award made under section 68 of the Arbitration Act 1996. The Court held that neither the tribunal's decision to award the costs of third-party funding nor its refusal to adjourn the proceedings because of issues relating to the covid-19 pandemic gave rise to a serious irregularity causing substantial injustice. The judgment is......
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Fenwick Elliott Solicitors | United Kingdom | 15 Dec 2021

Time for a review? Review of the Arbitration Act 1996 launched by the Law Commission

The Law Commission has recently announced a review of the Arbitration Act 1996 (the “Act”) some 25 years after the legislation first came into force…
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Bryan Cave Leighton Paisner LLP | United Kingdom | 12 Oct 2021

Vale SA v Steinmetz: English court held that an arbitral decision cannot be relied upon in proceedings between non-parties

In a recent English judgment, Vale SA and others v Steinmetz and others [2021] EWCA Civ 1987, which concerned the effect that an arbitral award had…
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Khaitan & Co | India | 24 Sep 2021

ERGO Analysing Developments Impacting Business: Maintaining Balance of Power - Court’s Entertainment of Interim Relief Applications After Constitution of Arbitral Tribunal

Over the past few years, Indian courts have actively taken a pro-arbitration stance and emphasised on minimum judicial interference in arbitral…
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Clifford Chance | United Kingdom | 23 Sep 2021

Serious irregularity challenge to arbitral award upheld

The High Court has upheld a claimant's challenges to an arbitral award made under section 68 of the Arbitration Act, determining that the arbitration tribunal had failed to provide the parties with an opportunity to address the issues on which it based its decision before issuing an award and wrongly rejected the claimant's application to amend its statement of case. This judgment underlines......
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3 Hare Court | Global, Mauritius, United Kingdom | 18 Aug 2021

Betamax Ltd v State Trading Corp

Aidan Casey QC and Hannah Fry review the Privy Council’s decision in Betamax Ltd v State Trading Corp concerning the circumstances in which an…
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Hill Dickinson LLP | United Kingdom | 4 Aug 2021

STA -v- OFY [2021] EWHC 1574 (Comm)

In the case of STA -v- OFY, the court considered the relevant factors applicable to granting an extension of time to challenge an arbitration award…
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Herbert Smith Freehills LLP | United Kingdom | 26 Jul 2021

English High Court affirms a company remains the same entity after conversion to registered society

In Mount Wellington Mine Ltd v Renewable Energy Co-Operative Ltd [2021] EWHC 1486 (Ch), the English High Court considered a challenge to the…
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Collyer Bristow LLP | United Kingdom | 26 Jul 2021

Republic of Mozambique v Credit Suisse - bribery claims proceed by way of arbitration

The decision of the Court of Appeal in Republic of Mozambique v Credit Suisse International and others [2021] EWCA Civ 329 reaffirms the…
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