- January 13, 2022
Arbitration in flux: Brexit and UK’s place in international arbitration
While the decision to leave the EU in 2016 may now seem like it was in the distant past, its repercussions continue to shape the future of the English legal profession. For arbitration, the disruption has created new opportunities and unforeseen obstacles. Jurisdictional clauses that once seemed adequate now appear lacking. The uncertainty surrounding English … Continue reading Arbitration in flux: Brexit and UK’s place in international arbitration →
- December 3, 2021
Remote Hearings: The New Normal for Greener Arbitration?
It is no secret that international arbitration proceedings can have a significant carbon footprint owing to a number of factors, ranging from large volumes of paperwork to international travel, particularly in cross-border disputes and complex matters which require the involvement of multiple witnesses, experts, and counsel from various jurisdictions. However, in recent years, organisations have … Continue reading Remote Hearings: The New Normal for Greener Arbitration? →
- July 16, 2021
Cairn Energy v Air India: a new approach to “flight risk” in enforcement terms?
Scottish energy company Cairn Energy plc (Cairn) has sought to enforce a $1.3 billion investment treaty award against the assets of India’s national airline, Air India.
- February 26, 2021
From genesis to apocalypse: As Belgium heralds the end of the uncertainty on intra-EU BITs, has the UK missed an opportunity in a post-Brexit world?
The saga of the intra-EU bilateral investment treaties (intra-EU BITs) has taken many forms on different battlegrounds and its relevance goes beyond the borders of the European Union. From its genesis in Achmea v Slovak Republic, passing through many enforcement attempts outside the EU (as previously covered here and here), to its potential apocalypse with … Continue reading From genesis to apocalypse: As Belgium heralds the end of the uncertainty on intra-EU BITs, has the UK missed an opportunity in a post-Brexit world? →
- December 22, 2020
Drafter beware: High Court of Singapore confirms approach to interpreting apparently “conflicting” arbitration and jurisdiction clauses
On 16 November 2020, the High Court of Singapore rejected an application from the defendant to the litigation for a stay in favour of arbitration. In doing so, the court provided a helpful summary of the court’s analysis when faced with prima facie overlapping dispute resolution clauses in the same or related agreements. On the … Continue reading Drafter beware: High Court of Singapore confirms approach to interpreting apparently “conflicting” arbitration and jurisdiction clauses →
- July 14, 2020
Take a seat: English v French enforcement debate continues as Paris Court of Appeal rejects English court’s reasoning in Kabab-Ji v Kout Food Group
Almost a decade after the first directly opposing decisions in the case of Dallah, the French and English courts have, once again, rendered contrary decisions in the case of Kabab-Ji v Kout Food Group.
- June 4, 2020
Enka v Chubb: English Court of Appeal reinforces London’s position as arbitration venue of choice
In the recent decision of Enka v Chubb, the English Court of Appeal affirmed the English courts’ jurisdiction to determine anti-suit injunctions in support of arbitrations seated in London, even when the courts would need to apply foreign law to decide the issue. The Court of Appeal also clarified that absent an explicit choice of … Continue reading Enka v Chubb: English Court of Appeal reinforces London’s position as arbitration venue of choice →
- May 14, 2020
Agreement for the termination of intra-EU BITs signed: the bell tolls?
On 6 May 2020, the European Commission announced that a majority of EU member states had signed the Agreement for the Termination of Bilateral Investment Treaties (BITs) between the Member States of the EU. The agreement will have a significant impact on the protective measures bestowed upon EU investors who have businesses in other EU … Continue reading Agreement for the termination of intra-EU BITs signed: the bell tolls? →
- March 6, 2020
Micula v Romania: rematch clause activated?
The Micula v Romania world tour continues. In a judgment handed down by the UK Supreme Court on 19 February 2020, the court held that the Miculas were entitled to enforce their ICSID award of approximately US $331 million against Romania, despite the fact that the award remains subject to an ongoing state aid investigation … Continue reading Micula v Romania: rematch clause activated? →
- February 13, 2020
Nom nom nom: recent Court of Appeal decision gives food for thought on no oral modification (NOM) clause in arbitration dispute
In the recent decision of Kabab-Ji v Kout Food Group, the English Court of Appeal addressed the question of what law governs an arbitration agreement in the absence of an express provision. It went on to refuse the enforcement of an arbitral award on the basis that the party against whom the award was to … Continue reading Nom nom nom: recent Court of Appeal decision gives food for thought on no oral modification (NOM) clause in arbitration dispute →
- January 10, 2020
To disclose or not to disclose? UK Supreme Court hears appeal on arbitrators’ disclosure obligations
In November this year, the UK Supreme Court heard the appeal in the Halliburton v Chubb, which has been the subject of much scrutiny by the arbitration community recently.
- September 27, 2019
Micula v Romania: an OK (and not a KO) in the latest round of proceedings
In the latest round of the long-running Micula saga, the US District Court for the District of Columbia has confirmed an ICSID award against Romania, entering judgment for approximately US $331 million in an action to enforce the award.
- May 9, 2019
Memorials v pleadings: how to pick the winning approach for your arbitration
So you’ve settled your jurisdictional turf war, stayed court proceedings in favour of arbitration and finally have a conflicts-free tribunal. The next major tussle is likely to be over the procedure to be followed in the arbitration. Of the various issues to be determined, there is probably no more consequential decision than that of whether … Continue reading Memorials v pleadings: how to pick the winning approach for your arbitration →
- February 8, 2019
EU member states agree to terminate their intra-EU BITs: is this the end of intra-EU BIT arbitrations and what about Brexit?
In mid-January this year, all 28 EU member states signed declarations committing to terminate their intra-EU bilateral investment treaties (BITs). 21 EU member states (including the United Kingdom), went further and stated that the Achmea decision (described further below) also applies to intra-EU disputes pursuant to the Energy Charter Treaty (ECT).
- July 5, 2018
Implications of economic sanctions on international arbitration
Introduction Since the end of the Cold War, economic sanctions have become one of the primary foreign policy tools employed by governments to force change in a regime’s policies and practices, particularly as governments seek to avoid the high cost of military conflict. Sanctions are now commonly used to prevent or punish proliferation of nuclear … Continue reading Implications of economic sanctions on international arbitration →
- February 28, 2018
Great Station Properties v UMS Holding Limited: a continuation of the English courts’ pro arbitration approach
The decision of the English Commercial Court in Great Station Properties v UMS Holding Limited on 20 December 2017 was notable for arbitration practitioners on two counts. First, it showed the court’s willingness to order a worldwide freezing order (WFO) to aid the enforcement of an arbitral award and judgment of the court, and second … Continue reading Great Station Properties v UMS Holding Limited: a continuation of the English courts’ pro arbitration approach →
- December 20, 2017
2017 arbitration year in review
2017 proved a boisterous year in the world of arbitration. The Yukos saga continued, with the recipients of the largest arbitration award ever, set aside in 2016 by the Hague District Court (the jurisdiction where the arbitration was seated), dropping enforcement actions in the French and Belgian courts to focus on the Dutch appeal. Headline … Continue reading 2017 arbitration year in review →
- March 1, 2017
Arbitrability of minority shareholder disputes: extending the reach
On 9 January 2017, the Singapore Court of Appeal handed down judgment in L Capital Jones Ltd and another v Maniach Pte Ltd. The case concerned a shareholder dispute and raised a number of legal issues. However, of most interest for the international arbitration community was the court’s ruling on the arbitrability of the respondent’s … Continue reading Arbitrability of minority shareholder disputes: extending the reach →
- February 26, 2016
The EU flexes its muscles: update on EU foreign investment disputes
On 4 February 2016, the European Commission filed an amicus brief with the US Court of Appeals for the Second Circuit, opposing the enforcement of the controversial International Centre for Settlement of Investment Disputes (ICSID) award against Romania in the Micula case. In its amicus brief, the Commission argued that the award was rendered under … Continue reading The EU flexes its muscles: update on EU foreign investment disputes →