Posts from Hardwicke

Insecurities arbitration

Unless you have been living under a rock for the last three years, you will have heard something about the corruption case in Brazil that has led to the impeachment of the last president, the conviction of the one before and an investigation of the current one.

A firm view on conflicts of interest

As one of the few barristers at the English bar with an international arbitration practice relating to Latin America, I am often asked how difficult it is to enforce foreign arbitral awards in Brazil. Until recently, my response has been that it is relatively straightforward. However, on 19 April 2017, the Superior Court of Justice … Continue reading A firm view on conflicts of interest

Arbitration notices: are you being served?

In the majority of, if not all cases, a notice of arbitration will be preceded by negotiation or correspondence between employees or agents of the parties. The trap for the unwary, as illustrated by the recent decisions in Sino Channel Asia Limited v Dana Shipping and Trading Pte and Glencore Agriculture BV v Conqueror Holdings … Continue reading Arbitration notices: are you being served?

Don’t air your shareholders’ dirty laundry

Shareholder disputes normally fall within two categories. The first is where a shareholder is outvoted by a majority which is acting against the interest of the company. The second is where a rogue director is “on a frolic of their own”; that is, they are acting for their own benefit or that of third parties. In … Continue reading Don’t air your shareholders’ dirty laundry

To enforce or not to enforce, that is the question

The enforcement of international arbitration awards that have been set aside or annulled at the seat of arbitration has always been a contentious subject. Primarily it is the New York Convention 1958 that applies. Other provisions may be applicable on a case-by-case basis, such as Article IX of the European Convention on International Arbitration 1961.

Post-Brexit arbitration gains?

The calling of a snap general election to take place on 8 June has raised any number of issues, not least of which is Brexit. Will our Brexit be hard or soft? Will our Brexit menu (as recently indicated in one major party’s manifesto) include an option not to Brexit at all?

Staying competition claims: a consideration of Microsoft v Sony

In light of the recent decision of Mr Justice Marcus Smith in Microsoft Mobile OY (Ltd) v Sony Europe Limited and others, the “one stop shop” approach to arbitration clauses may now be relied on in relation to claims pleaded only in tort if a related contractual claim would have been pleadable. If that is … Continue reading Staying competition claims: a consideration of Microsoft v Sony

Rise of third party funding: a growing international consensus

Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.

Making waves: the decision in Essar v Norscot: a view from the Bar

The question Can a successful claimant recover the costs of a funding agreement from the defendant? No in litigation but yes in arbitration, according to the Commercial Court in Essar Oilfields Services Limited v Norscot Rig Management PVT Limited. This decision has sent shockwaves through the arbitration community.

Declarations as to the validity of an arbitration agreement; has anything changed after HC Trading v Tradeland?

Section 1(c) of the Arbitration Act 1996 (AA 1996) makes clear that in matters governed by Part I of the AA 1996, “the court should not intervene” except to the extent provided in the AA 1996 itself.

Incorporating an arbitration clause: a barrier to pre-action disclosure?

In the recent case of Barrier Ltd v Redhall Marine Ltd the court re-visited the rules for deciding whether or not an arbitration clause had been incorporated into the contract, and how the rules differ when you are trying to incorporate a term from a different contract altogether.

Disclosure and production in arbitration: finding the right framework

Finding the framework A great attraction of arbitration is that parties have the choice not to litigate their disputes under the document disclosure/production regimes of a particular domestic court. Instead, they can agree (or empower an arbitrator to select) the process. In contrast to processes they are used to, the regime chosen might be narrower … Continue reading Disclosure and production in arbitration: finding the right framework