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Herbert Smith Freehills LLP | Hong Kong | 18 Jun 2021

Key judgment on Arbitration Clauses affecting thousands of commercial contracts

Many commercial contracts contain “escalation clauses” requiring parties to take certain steps before formal arbitration begins - such as a…

Clasis Law | India | 8 Jun 2021

Changing arbitration venue by mutual agreement makes new venue seat of arbitration

The Supreme Court recently considered the implications of parties changing the venue or place of arbitration by mutual agreement. This is an important…

Becerril Coca & Becerril SC | Global | 3 Jun 2021

Third-party funding - how useful is it in practice?

Third-party funding is a relatively new solution which can help parties to engage in costly international arbitration proceedings. However, there are…

Quadrant Chambers | United Kingdom | 5 May 2021

When arbitration and exclusive jurisdiction clauses conflict: which wins?

It is the strong policy of English law, based on party autonomy and freedom of contract, to enforce exclusive jurisdiction clauses (“EJC”) and…

9 Stone Buildings | United Kingdom | 20 Apr 2021

依据英国《1996 年仲裁法案》第 67 款 对谷物与饲料贸易协会(GAFTA)仲裁庭的管辖权提出质疑

作者 Cecilia Xu Lindsey 基于她在谷物与饲料贸易协会(GAFTA,下文用“协会”)仲裁案件中担 任仲裁顾问律师的实践经验,解读英格兰高等法院近期的案例法涉及到的协会的另一仲裁案件。…

9 Stone Buildings | United Kingdom | 20 Apr 2021

Challenge Jurisdiction of GAFTA Arbitral Tribunal under s.67 of the Arbitration Act 1996

The author Cecilia Xu Lindsey provides analysis of a recent English High Court case law relating to a matter of GAFTA arbitration, based on her…

Quadrant Chambers | United Kingdom | 7 Apr 2021

Multi-contract disputes and arbitration: minimising time and costs

Where a number of disputes arise between the same parties under different contracts or between related contracts between different parties, the…

Hill Dickinson LLP | United Kingdom | 6 Apr 2021

Which law prevails - the law of the seat or the law of the main contract?

In previous editions of Trade Advantage we have reported on the decisions of the High Court (Trade Advantage March 2020, page 12) and the…

Hill Dickinson LLP | United Kingdom | 30 Mar 2021

Black Sea Commodities Ltd -v- Lemarc Agromond Pte Ltd [2021] EWHC 287

This was an application under section 67 of the Arbitration Act 1996 (the Act) by the claimant as seller of a consignment of Ukrainian corn FOB…

Greenberg Traurig LLP | USA | 11 Mar 2021

ERISA Fiduciary Claims Not Subject to Arbitration

The Second Circuit has ruled in a significant decision that ERISA breach of fiduciary claims are not subject to arbitration under an employment…
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