Practical Law

In the recent case of NDK Ltd v HUO Holding Ltd, the Commercial Court considered whether claims that come under both the terms of the articles of association of a foreign company and a shareholders agreement fall within an arbitration agreement and are arbitrable.

The recent English High Court decision in Tenke Fungurume Mining S.A. v Katanga Contracting Services SAS considered whether an arbitral award that awarded costs for obtaining litigation funding could be challenged on the grounds of serious irregularity under section 68 of the Arbitration Act 1996 (AA 1996).

The ongoing tragedy of the global pandemic was without a doubt the main story of 2021. While the latter half of 2020 was marked by a rush by practitioners, arbitrators and arbitral institutions to adapt to the world of remote working with travel and in-person hearings no longer possible, 2021 saw the fruits of that … Continue reading 2021 Arbitration year in review →

Many litigators have been faced with determining the appropriate course of action to take when they have encountered a sophisticated contract containing two diametrically opposed forms of dispute resolution, final and binding arbitration on the one hand and exclusive jurisdiction of a national court on the other.

2020 may have been many things, but it will not have been forgettable. While the biggest story in the world of arbitration was undoubtedly the impact of the COVID-19 pandemic, it did not stop major steps being taken to reform investor-state dispute settlement (ISDS), significant arbitration decisions being handed down by the English courts and arbitration … Continue reading Oh, what a year! 2020 arbitration year in review →

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.

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) →

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) →

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.

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.

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).

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 →

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 →