- April 24, 2020
Arbitrating oppression: Fulham, Dickson and the unfair prejudice remedy
Most commercial disputes lawyers will have at least a passing familiarity with the unfair prejudice remedy, or the “oppression remedy”, to which it is often referred.
- 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.
- 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 →
- 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 →
- September 7, 2018
Lawyers can be experienced too (you know)
It is rare that an arbitrator’s qualifications are challenged in court and even rarer for such a challenge to be taken up on appeal. However, Allianz Insurance Plc and another v Tonicstar Ltd was one such case.
- May 22, 2018
Confirmed: foreign act of state doctrine applies in English arbitrations
Reliance Industries Ltd v Union of India concerned nine challenges brought under the English Arbitration Act 1996 (AA 1996) to an arbitral award, issued by a London seated UNCITRAL panel, in a dispute between two energy companies and the government of India over contracts for the exploitation of oil and gas. The claimants, who had roundly … Continue reading Confirmed: foreign act of state doctrine applies in English arbitrations →
- 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 →
- November 2, 2017
Update on the European Commission’s drive for investment courts
The European Commission has emerged as one of the biggest drivers for reform of investor-state dispute settlement (ISDS). Arguing that the current ISDS system lacks legitimacy, consistency and transparency, the EU has taken a two-pronged approach in its push for reform. First, it has sought to replace traditional investor-state arbitration with a system of standing … Continue reading Update on the European Commission’s drive for investment courts →