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In Martin & Ors v Harris  EWHC 1962 (Ch) the English High Court (Chancery Division) set aside an arbitral award pursuant to s 69 of the Arbitration Act 1996 (the “1996 Act”). In reaching its decision, Mr Michael...
International arbitration moves closer to becoming a forum for business and human rights (“BHR”) disputes with the publication of draft BHR arbitral rules. Whilst some technical considerations remain, BHR arbitration offers many exciting...
In Islamic Republic of Pakistan and Ors v Broadsheet LLC  EWHC 1832 (Comm), the English High Court dismissed an application made under section 68 of the Arbitration Act, 1996 (the “Act”), holding that insufficient reasoning by...
As reported in an earlier blog post, significant amendments to the Law on Arbitration came into force in Russia back in September 2016.
One of the key changes brought about by the arbitration reform includes the introduction of a new regime for...
On 30 May, the University of Basel’s Competence Centre - Arbitration and Crime and the Basel Institute on Governance (a not-for profit organisation) jointly published a toolkit to assist arbitrators dealing with issues or corruption and...
17 March 2017 Duncan Hedar, England & Wales; Europe
Following an application by Romania and the European Commission (as intervener), the English High Court has stayed enforcement of an ICSID award in favour of Swedish business magnates the Micula brothers. The case will be determined following the decision of the General Court of the European Union in connected proceedings brought by the Micula brothers to annul the Commission’s determination that the payment of the ICSID award by Romania would amount to illegal State aid. The case raises important questions about the effectiveness of ICSID awards in circumstances where the awards clash with Member States’ obligations under EU law.
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