The Supreme Court’s much-anticipated judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb addresses the correct approach under English law to determining the governing law of an arbitration agreement. The judgment seeks to promote certainty and enforceability of arbitration agreements, by providing that: The parties’ choice of law in the governing law clause … Continue reading Enka v Chubb: Supreme Court decision promotes certainty and enforceability
Generally speaking, commercial arbitrations which are seated in England and Wales must be conducted as expeditiously as possible. However, as well-intentioned as the tribunal and parties may be, COVID-19 continues to cause much delay in the conduct of international arbitration. Since the pandemic began, legal counsel have been fielding and responding to requests for delay … Continue reading COVID-19 related delay in international commercial arbitrations seated in England and Wales
The past decade witnessed remarkable developments in the law and practice of arbitration in Africa (jurisdictions like Ghana and South Africa enacted new arbitration laws in 2010 and 2017 respectively; courts across the African continent have increasingly shown willingness to enforce validly made arbitration agreements and awards; various arbitration initiatives have sprung up and have … Continue reading The proposed amendment of Nigeria’s Federal Arbitration Law could see the arbitration landscape in Nigeria improve significantly
On 31 May 2019, the Supreme Court of Mauritius set aside an arbitral award in State Trading Corporation v Betamax on grounds of public policy.
Cyber criminals, such as hackers, pose an increasing threat to the security of our virtual world and have claimed a long list of victims from celebrities to governments. In a post-WikiLeaks world, participants in international arbitration have not been spared. In 2015, in the course of an arbitration between China and the Philippines over disputed … Continue reading Addressing emerging cyber risks: reflections on the ICCA Cybersecurity Protocol for International Arbitration
The SOAS Arbitration in Africa Survey report published earlier this year has sought to compile data to test the perception, based on some anecdotal evidence, that African arbitration practitioners are under-represented in arbitrations relating to the Africa region. The survey gathered data from 191 African arbitration practitioners on their participation in domestic and international arbitration … Continue reading Perspectives from the SOAS Arbitration in Africa Survey 2018
In recent years, US federal procedural law has emerged as a powerful weapon in cross-border disputes. In particular, section 1782 of Title 28 of the United States Code (28 USC §1782) allows district courts in the US to order the discovery of evidence for use in foreign and international proceedings, including, according to several courts, … Continue reading The long reach of US discovery: English Commercial Court allows enforcement of 28 USC §1782 discovery order
Last October, we wrote about the proposal by a working group of international law specialists to use arbitration to resolve disputes that arise out of human rights abuses involving businesses. Since then, the proposal has evolved into a project led by The Hague Institute for Global Justice to draft a set of international arbitration rules … Continue reading Arbitrating business and human rights disputes: uncharted territory
In December 2017, the Law Commission launched its Thirteenth Programme of Law Reform. In it, the Law Commission suggests that it might be time to reform the English Arbitration Act 1996 (AA 1996).
On 10 January 2018, the French Supreme Court issued a second decision in the Commisimpex v Democratic Republic of Congo case, shifting its position on state immunity from execution. In the light of the new Sapin II law, the court held that a waiver of immunity from execution has to be both specific and express … Continue reading Late twist to the Commisimpex saga as French Supreme Court reverses its position on state immunity from execution
As the UK continues to enjoy some of the coldest weather of its winter so far, why not visit the Caribbean? Or, more precisely, the English High Court’s decision last November in Petroleum Company of Trinidad & Tobago Limited v Samsung Engineering Trinidad Co. Ltd, which dealt with a challenge to a tribunal’s partial award … Continue reading Petrotrin v Samsung: lessons learned from a challenge under section 67 Arbitration Act 1996
Technology, Media and Telecommunications (TMT) disputes have been attracting a growing level of interest in the last few years. Welcome to the global digital age: technology is everywhere, and this ubiquity is expected to give rise to a commensurate number of disputes.
On 30 August 2017, the Moroccan Parliament ratified the Morocco-Nigeria bilateral investment treaty (BIT), which now awaits ratification by Nigeria. This treaty, part of a suite of agreements signed between Morocco and Nigeria at a ceremony in Casablanca in December 2016, is intended to herald a “strategic partnership” at a time when the two countries … Continue reading The Morocco-Nigeria BIT: a new breed of investment treaty?
On 27-29 November 2017, the United Nations Forum on Business and Human Rights will convene in Geneva. Its central theme: Access to Effective Remedy. In line with this shifting focus by the international community on the third pillar of the UN Guiding Principles on Business and Human Rights (UNGPs), a working group of international law specialists published … Continue reading Arbitration: a new forum for business and human rights disputes?
The use of international arbitration has expanded over the years to encompass a wide array of sectors. For example, while the majority of financial services disputes still end up in court, many of them are submitted to arbitration. Of the London Court of International Arbitration’s (LCIA’s) caseload in 2016, 20% comprised of such disputes. This … Continue reading Will life sciences provide a growth injection for international arbitration?
The scope of arbitrators’ powers to order summary procedures is open to debate. Any application for summary measures requires careful consideration of the possible benefits to be gained from a successful application on the one hand, and the uncertainty associated with doing so on the other.
Tribunals have a fundamental duty to act fairly and impartially under section 33(1)(a) of the English Arbitration Act (AA 1996).
English-seated arbitral tribunals have a great degree of flexibility in determining the applicable rules of privilege.
“You’re the voice, try and understand it, Make a noise and make it clear.” John Farnham On 2 February 2017, Hogan Lovells hosted a joint event with ArbitralWomen entitled “Winning Communication” in which a panel, including Julianne Hughes-Jennett, partner at Hogan Lovells, Tessa Wood, Senior Voice & Communication Coach at City Academy, Wendy Miles QC, global head … Continue reading Arbitral Women: Winning Communication