Arbitration Links - Linklaters
  • Year: 2018
  • Topic: Jurisdiction

English High Court takes a “broad view of the factual matrix” in deciding scope of matters referred to arbitration

08 November 2018 Stephen Lacey; Sadie Buls, England & Wales

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The English High Court decision of Bond v Mackay and others [2018] EWHC 2475 (TCC) concerned a situation where, when a claimant sought to bring further issues before an arbitral tribunal, the court was asked to determine whether those issues fell within the scope of the matters referred to the arbitrator and therefore within his jurisdiction. In assessing this, the court took a “broad view of the factual matrix”, finding that the second claim fell within the substantive jurisdiction of the existing arbitration.

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The foreign act of state doctrine in English arbitration proceedings

20 September 2018 Akshay Sewlikar, England & Wales; India

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In Reliance Industries v Union of India [2018] EWHC 822 Reliance Industries Limited and BG Exploration and Production India Limited (the “Claimants”) challenged awards made in favour of the Union of India (the “Government”) under the Arbitration Act 1996 (the “AA 1996”). The English High Court (the “Court”) had the opportunity to consider the issue of the applicability of the foreign act of state doctrine to English seated arbitration proceedings.

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Company loses second attempt to enforce award against India

31 August 2018 Akshay Sewlikar, England & Wales; India

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In Hardy v Government of India and IIFC (UK) [2018] EWHC 1916 (Comm), the English Commercial Court discharged an interim third-party debt order awarded to support an oil and gas company’s UNCITRAL award against India. The Court refused to grant a final order because the debt was situated in India and Indian law would not recognise an English third-party debt order. Additionally, the jurisdictional requirement under CPR Rule 72.2 that the relevant debt must be “due or accruing due” was not met.

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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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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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