- August 27, 2020
How will an arbitration agreement influence the court’s approach in relation to a winding up petition?
A recent judgment handed down by Sir Geoffrey Vos, Chancellor of the High Court, considered the approach the court should take when a winding up petition is presented with regard to a debt that is not admitted and where the debt is subject to an arbitration agreement.
- July 10, 2020
Impact of restructuring and insolvency on arbitration (Part 2)
Where the impact of restructuring and insolvency on arbitration is concerned, we have identified three distinct stages: Arbitrations commencing after an insolvency process (post insolvency). Insolvency processes occurring prior to an award but after the arbitration proceedings have commenced or where an arbitration and insolvency process run in tandem (mid-arbitration). Arbitrations which have commenced prior … Continue reading Impact of restructuring and insolvency on arbitration (Part 2) →
- July 9, 2020
Impact of restructuring and insolvency on arbitration (Part 1)
Increasing global pressures on businesses have and will for the foreseeable future lead to an increase in corporate restructurings, as businesses attempt to weather the current economic and commercial storm. With corporations relying increasingly on arbitration to resolve their disputes, particularly those engaging in cross-border trade, it is only a matter of time before parties … Continue reading Impact of restructuring and insolvency on arbitration (Part 1) →
- December 17, 2019
2019 arbitration year in review
2019 proved another busy year for arbitration lawyers, with the biggest story (again) being the European Commission’s drive to reshape the international system for the settlement of investment disputes (ISDS). We summarise the major stories of 2019 and set out what we can look forward to in 2020.
- August 19, 2019
When arbitration, politics and sanctions collide: The Iranian Ministry of Defence and Support for Armed Forces Logistics v International Military Services
There are few arbitration cases which, whilst starting off as a contractual dispute, over time morph into a symbol of something else entirely. The case of The Iranian Ministry of Defence and Support for Armed Forces Logistics (MODSAF) v International Military Services is one such case.
- 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).
- December 19, 2018
2018 arbitration year in review
2018 has been a tumultuous year in the world of arbitration. The European Court of Justice (ECJ) has dealt a blow to European investment arbitration, trade policy under Donald Trump’s administration has rattled investors the world over, long-standing legal sagas have continued, and developments in arbitral rules and legislation have seen a continued focus on … Continue reading 2018 arbitration year in review →
- 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 →