Arbitration Links - Linklaters
  • Author: Stephen Lacey

English High Court considers the interpretation of an arbitration clause written in a foreign language

22 August 2018 Stephen Lacey, England & Wales; Europe

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A recent decision of the English High Court provides important guidance about the interpretation of arbitration clauses under English law when first written in a foreign language. The essence of the judgment is that, where the translation is contested, any ambiguity should be resolved by standard methods of contractual construction.

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English commercial court considers requirement for party to be given fair opportunity to respond

07 August 2018 Sadie Buls; Stephen Lacey, England & Wales; Europe

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In the recent decision of Grindrod Shipping v Hyundai Merchant Marine [2018] EWHC 1284, the English Commercial Court considered the degree to which issues relied upon by the tribunal must have been put before it; in particular, whether points raised by one of the parties in one context can be deployed by the tribunal in another. The short answer is that there is no problem with this, provided the issues can be said to have been “in play” so as to give the other a fair opportunity to respond.

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LCIA announces termination of its Mauritian joint venture and closure of LCIA-MIAC

18 July 2018 Stephen Lacey, Africa; Mauritius

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The LCIA has announced that, as of 27 July 2018, its joint venture with the Mauritian Government which established the LCIA-MIAC arbitration centre will come to an end and that, consequently, as of that date LCIA-MIAC will also no longer be operational.

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Intra-EU court anti-suit injunctions in support of arbitration under the Brussels I Recast? – The English Commercial Court says no.

29 June 2018 Stephen Lacey, England & Wales; Europe

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In Nori Holdings and others v BOFC [2018] EWHC 1343 (Comm) the Commercial Court has declined an opportunity, in the context of the Brussels I Recast, to resurrect intra-EU court anti-suit injunctions in support of arbitration from the graveyard of the West Tankers ruling. Whilst many may shrug (the prevailing view being in line with this), the decision may be a little more of a missed opportunity then some think.

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LCIA Casework Report

17 May 2018 Sadie Buls; Stephen Lacey, England & Wales

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The LCIA released its 2017 Casework Report on 10 April 2018. The Report analyses the statistics from the LCIA 2017 caseload and contains a range of data broken down by sector, contract type and time elapsed since the underlying agreement was reached.

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English Commercial Court considers arbitration clause in implied contract in s.67 challenge

09 May 2018 Stephen Lacey; Sadie Buls, England & Wales; Europe

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In SEA2011 Inc v ICT Ltd [2018] EWHC 520 (Comm), London’s Commercial Court rejected three challenges to an arbitrator’s jurisdiction, two based on the identification of the parties to the arbitration clause and one based on the nature of the contract. The judgment is an interesting illustration of how, when English law applies, ordinary rules of contract can assist in identifying both the parties to a contract and whether an arbitration clause is incorporated where that contract is “implied”.

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Does a slip buy more time? English High Court considers the relationship between corrections of awards and time limits for appeal

05 April 2018 Stephen Lacey, England & Wales; Europe

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In DSMG v Songa [2018] EWHC 538 (Comm), the English High Court has examined whether an application to the tribunal to make straightforward corrections to an award extends, under the English Arbitration Act 1996 (the “Act”), the period for bringing a challenge in court against the award. It appears that it is only where an application for corrections is material - in the sense of enabling a party to know whether it has grounds to challenge an award - that it will do so.

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To reform or to update? Thoughts from the BICCL 16th Annual Review of the UK Arbitration Act

29 March 2018 Stephen Lacey; Sadie Buls, England & Wales

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The British Institute of International and Comparative Law hosted the 16th Annual Review of the Arbitration Act at the end of last year. At the event, speakers discussed whether the Arbitration Act 1996 (“the Act”) is currently in need of reform. The speakers agreed that a complete overhaul of the Act is not required, but all highlighted different areas that might usefully be revisited due to developments in international arbitration in the past two decades.

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Set aside decision highlights important practice point for Requests for Arbitration under LCIA rules

31 January 2018 Stephen Lacey; Sadie Buls; Matthew Weiniger, England & Wales

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In A v B [2017] EWHC 3417 London’s Commercial Court held that the LCIA rules did not permit a Request for Arbitration filed by the claimant to include related claims under two contracts and their associated LCIA arbitration agreements (thereby denying the tribunal jurisdiction). Claimants in LCIA arbitrations may therefore well wish to consider filing multiple requests in like circumstances in future.

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No appeals on a point of law by stealth: the limits of s.69 Arbitration Act 1996

14 December 2017 Stephen Lacey, England & Wales

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In an English seated arbitration, s.69 Arbitration Act 1996 permits, albeit under certain limited circumstances, an appeal to the court on a question of English law arising from an arbitral award. The High Court’s recent decision in "The CV Stealth" [2017] EWHC 2808 illustrates the need to think carefully about such a course of action.

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