REUTERS | Lucas Jackson
January 30, 2020

Anti-suit injunctions: latest guidance for claimants and defendants

The Angelic Grace was decided over 25 years ago, and the general principles governing the grant of anti-suit relief are well-established. Where foreign proceedings are brought in breach of an arbitration agreement, the court may intervene by granting injunctive relief unless there is good reason otherwise. The court’s power to do so is not an aspect of its supervisory jurisdiction over arbitrations seated within the jurisdiction, but arises as part of its general power to grant injunctive relief under section 37 of the Senior Courts Act 1981. Continue reading →

REUTERS | Eric Gaillard
January 27, 2020

English courts’ supportive powers over English seated arbitrations: Minister of Finance v International Petroleum Investment Company

On 26 November 2019, the Court of Appeal handed down judgment in Minister of Finance (Inc) and another v International Petroleum Investment Company and another. The appeal addressed the ambit of the supportive powers of the English courts over English seated arbitrations, and the proper approach when issues of fact arise for determination both in a court claim invoking that supervisory jurisdiction and a new arbitration. Continue reading →

REUTERS | Gary Cameron
January 23, 2020

The immune system: enforcing arbitral awards in Switzerland (Chapter 5)

States and state enterprises are frequent users of international arbitration. Their involvement is by no means restricted to arbitration under public international law. Indeed, as the ICC Commission on Arbitration and ADR reported in 2017, approximately 10% of ICC arbitrations involve a state or a state entity. That being said, and regardless of the nature of the proceedings (commercial or treaty-based arbitration), an award creditor seeking to enforce an award against a state holding assets in Switzerland will be subject to requirements different than those applicable if its debtor was a private entity. This is because, under Swiss law, foreign states benefit from immunity which protects them and their assets. Continue reading →

REUTERS | Gary Cameron
January 20, 2020

ICSID arbitration in the age of populism: the case for reform

On 12 November 2019, Quadrant Chambers held its biannual international arbitration seminar. The topic for discussion and debate was “ICSID arbitration in the age of populism: the case for reform”. The panel event was chaired by Ruth Hosking of Quadrant Chambers and the speakers were Emma Johnson, partner at Ashurst; Guy Blackwood QC of Quadrant Chambers and Timothy Foden, partner at Lalive. Continue reading →

REUTERS | Eric Gaillard
January 16, 2020

The first arbitration-related cases of the ADGM courts (Part 2): [2019] ADGMCFI 0007

This is Part 2 of a two-part blog dealing with the first arbitration-related rulings of the Abu Dhabi Global Market (ADGM) courts. In Part 1, I reported on a ruling of 4 July 2019, which dealt with the enforceability of an agreement to arbitrate in the ADGM (see A3 v B3 [2019] ADGMCFI 0004 (4 July 2019)). The ruling discussed here (A4 v B4 [2019] ADGMCFI 0007 (8 October 2019)) addresses the enforcement of a foreign LCIA award under the New York Convention. Continue reading →

REUTERS | Mike Blake
January 9, 2020

WhatsApp-missible: are social media messages discoverable and admissible in international arbitration?

With thanks to Olivia Turner, trainee solicitor in the International Arbitration and Construction Disputes Group at Bryan Cave Leighton Paisner LLP for co-authoring this blog.

The way we communicate is changing. Just as email replaced the letter, social media and instant message platforms are increasingly being used for work-related, as well as social, communications. In some regions of the world and industries, applications such as WhatsApp and WeChat have become the standard method of communication for all types of dealings and transactions. There is therefore an increasing amount of information stored on these platforms. Continue reading →

REUTERS | Fabrizio Bensch
December 18, 2019

Season’s greetings from the Practical Law Arbitration Blog

All I want for Christmas
Is my arbitration award,
My arbitration award,
Just my arbitration award.
Gee, if I could only have
My arbitration award,
Then I could wish you Merry Christmas.

It seems so long since third party funding,
Investment treaties, rules, seats and enforcement.
Gosh, oh gee,
How happy I’d be,
For the tribunal’s endorsement.

All I want for Christmas is my arbitration award,
My arbitration award,
Just my arbitration award.
Gee, if I could only have my arbitration award,
Then I could wish you Merry Christmas.

The Practical Law Arbitration Blog will resume in early January 2020. Until then, from the Practical Law Arbitration team, thank you to all of our contributors for another packed year of excellent commentary, to you for reading, and Happy Holidays one and all.