Practical Law

Arbitrator bias has the potential to rock the very foundation of international arbitration. The principle that arbitrators must be impartial and independent from the parties is fundamental and uncontroversial among arbitration users. The understanding of what constitutes bias in concrete terms, however, is still open to debate.

In Riverrock Securities Ltd v International Bank of St Petersburg,  the English Commercial Court granted an interim anti-suit injunction (ASI) restraining proceedings brought in Russia by the liquidator of an insolvent company in breach of an arbitration agreement. The judgment addresses interesting issues regarding the arbitrability under English law of claims brought by liquidators pursuant to … Continue reading The arbitrability of avoidance claims: English Commercial Court continues pro-arbitration trend →

In the recent decision of MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG and others, the English High Court set aside an arbitral award issued by the London Maritime Arbitrators Association under section 67 of the Arbitration Act 1996 (AA 1996) on the basis that the arbitral tribunal lacked substantive jurisdiction over … Continue reading Silence is not assent: English High Court sets aside arbitral award for lack of substantive jurisdiction →