Practical Law

The judgment of the Supreme Court in Halliburton v Chubb is likely to be the subject of critical comment as to whether the test under English law for apparent bias is consistent with the approach of the wider international arbitration community on conflicts of interest. Before that debate becomes too intense, it is a good … Continue reading An issue of consent? English courts emphasise the importance of party choice in exercise of court’s powers in support of arbitration and when balancing competing issues of public policy →

Whether it is in the context of a jurisdiction challenge or by way of response to an application to restrain proceedings said to be in breach of an arbitration agreement, the wording of the arbitration clause is the usual starting point for determining the arbitrability of a dispute. The courts will be generous in their … Continue reading Preserving the right to arbitrate: where are the boundaries to an arbitration agreement? →

Despite the tensions that sometimes arise in the relationship between national courts and the institutions of international arbitration, one critical area of cooperation is the support that national courts provide by way of interim relief. One of the most obvious examples of that relief is the granting of freezing injunctions and disclosure orders restraining a … Continue reading Emergency interim relief: where do you go? →