Arbitration Links - Linklaters
  • Year: 2019
  • Jurisdiction: England & Wales

English Commercial Court rejects section 68 application based on inadequate reasons in arbitral award

23 August 2019 Andrew Clark, England & Wales

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In Islamic Republic of Pakistan and Ors v Broadsheet LLC [2019] 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 arbitrators in their award does not amount to a serious irregularity under section 68(2)(c) or (h) of the Act.

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Anti-arbitration injunctions considered by the English Court of Appeal

18 July 2019 Stephen Lacey, England & Wales; Europe

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In Sabbagh v Khoury and others [2019] EWCA Civ 1219, the Court of Appeal reviewed the extent to which an English court may grant an injunction to restrain parties from participating in an arbitration with an overseas seat.

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English High Court sets aside award as tribunal failed to act fairly and impartially

08 July 2019 Benja Arnott, England & Wales

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In P v D and Ors [2019] EWHC 1277 (Comm), the English High Court granted an application made under Section 68 of the Arbitration Act 1996 (the “Act”), on the basis that the arbitrators were in breach of their duty under Section 33 of the Act to act fairly and impartially.

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Arbitral tribunal lacked substantive jurisdiction when appointed after a party ceased to exist

12 June 2019 England & Wales; Europe

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In Chung v Silver Dry Bulk Co Ltd [2019] EWHC 1147 (Comm) the English Commercial Court granted an application challenging the substantive jurisdiction of an arbitral tribunal appointed after the dissolution of the defendant corporation.

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English High Court provides guidance on leave to appeal applications under s.69 Arbitration Act 1996

07 June 2019 Airlie Goodman, England & Wales; Europe

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In Merthyr (South Wales) Ltd v Cwmbargoed Estates Ltd and another [2019] EWHC 704 (Ch) the English High Court rejected an application for leave to appeal against an arbitral award on a point of law under s.69 of the Arbitration Act 1996. In his judgment, HHJ Paul Matthews discussed the mechanics of obtaining such leave, particularly the requirement under s.69(3)(c)(i) of the Act that the decision of the arbitrator to make the award being challenged be “obviously wrong”.

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Highlights from the 2018 LCIA Annual Casework Report

30 April 2019 Phillip Aquilina, England & Wales; Europe

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The LCIA released its 2018 Casework Report on 1 April 2019. The Report analyses the statistics from the LCIA 2018 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 High Court partially grants non-party request for documents relating to proceedings to remove arbitrator

04 April 2019 Hannah Lilley, England & Wales

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The English Commercial Court has allowed, in part, a non-party to access documents that were used in Commercial Court proceedings in support of an arbitration to remove an arbitrator, despite arbitration proceedings in England ordinarily giving rise to confidentiality obligations.

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London Commercial Court: Service by diplomatic channels is mandatory to enforce award against a State in the UK

06 February 2019 Adrien Canivet, England & Wales; Middle East

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In General Dynamics UK Ltd v Libya Queen's Bench Division [2019] EWHC 64 (Comm), the English Commercial Court held that an arbitral award against a State cannot be enforced in the United Kingdom without service on that State of court documents in accordance with s.12 of the State Immunity Act 1978.

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