REUTERS | Kim Hong-Ji

For over ten years, BCLP have conducted an annual survey on issues affecting the arbitration process. This year’s survey focuses on the reform of the English Arbitration Act 1996, a topic chosen to coincide with the Law Commission’s ongoing consultation on reform of the legislation.

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REUTERS | Pavel Mikheyev

In ARI v WXJ, the English High Court adopted a “pragmatic approach” to determine whether an arbitrator had been validly appointed in a London-seated arbitration, holding that an appointment required first, that the arbitrator had given a “clear and unequivocal communication of acceptance”, and secondly, that the appointing party acted on the acceptance by communicating the appointment to the opposing party (paragraph 22).

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REUTERS | Gleb Garanich

The winter of our discontent

It is not news that Europe has been hit hard by soaring energy prices. Power generators that had been shut down during the COVID-19-related economic downturn could not be ramped up in time to meet the increased demand as lockdowns waned. A prior long, cold winter had already depleted the amount of gas in storage, while droughts caused by global warming shut down hydro and nuclear plants. The situation was exacerbated by European sanctions in response to the events in Ukraine (and Russian retaliation). Gas prices in Europe have since risen to more than 10 times their historical average values due to a depletion of Russian natural gas supply, a major source of power for electric generators and home heating on the continent. The final nail in the coffin was the shutdown of the key Nord Stream 1 pipeline, the biggest Russian gas pipeline to Europe, on 2 September. Continue reading

REUTERS | Kim Hong-Ji

In a recent set aside action, the Singapore Court of Appeal (SGCA) has once again demonstrated its pro-arbitration stance. Being a Model Law jurisdiction, the Singapore courts will only set aside arbitral awards on limited grounds, for example, for breach of Singapore’s public policy and breach of natural justice. In CEF and other v CEH, the SGCA had the opportunity to consider whether the “no evidence rule” should be adopted as a specific rule of natural justice such that an arbitral award would be liable to be set aside for breach of natural justice if it contains findings of fact made with no evidential basis whatsoever. The SGCA declined to adopt the rule, reaffirming Singapore’s policy of minimal curial intervention in arbitral proceedings.

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REUTERS | Joseph Campbell

In the first post-Brexit case concerning the interface between arbitration law and consumer protection law, the Court of Appeal (CA) in Soleymani v Nifty Gateway LLC partially overruled the lower court’s earlier ruling declining a stay of court proceedings in favour of arbitration. The decision’s impact on consumer arbitration in the UK remains to be seen.

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REUTERS | Gary Hershorn

The first mission of NASA’s Artemis Program, Artemis 1, is scheduled to launch at 12.07am EST on Monday 14 November. The Artemis Program seeks, among other things, to re-establish a human presence on the moon for the first time since the Apollo 17 mission in 1972, as well as to establish sustainable exploration of the moon with both commercial and international partners by 2028. We may be at the beginning of what has been called the “lunar gold rush”, where natural resources in outer space will be explored and extracted. This, however, poses a legal dilemma. Who will have the property rights to these natural resources? Without an answer to that question, it will be difficult to assert legal rights over the assets derived from space. Once that question is answered, it will pave the way for a new field of disputes ideally suited for resolution by international arbitration.

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REUTERS | Alexandre Meneghini

Last week, the Law Commission published its first consultation paper as part of its review of the Arbitration Act 1996 (the “Act”). The stated aim of the review has been to ensure that the Act remains “best in class”: an approach based upon fine-tuning, rather than root and branch reform. This is borne out by the consultation paper, which proposes relatively few changes. Nonetheless, the paper contains some notable and very welcome proposals for change and clarification, which we outline and comment on below. Continue reading

REUTERS | Phil Noble

Now that the dust has settled following the Achmea, Komstroy, Micula and PL Holdings judgments of the Court of Justice of the EU (CJEU), in which it banned intra-EU investor-state arbitration disputes (ISDS) based on bilateral investment treaties (BITs) and the Energy Charter Treaty (ECT) within the EU, the wider, decentralised implementation of this ISDS ban is becoming increasingly visible.

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REUTERS | Christian Charisius

The Saudi Center for Commercial Arbitration (SCCA) recently published its annual report for 2021, highlighting the progress made by Kingdom of Saudi Arabia (KSA) on its path towards becoming a globally recognised arbitration seat. Since the current Saudi Arbitration Law (Royal Decree No. M/34) came into force on 7 July 2012, efforts have continued to ensure that arbitration is a catalyst for improving the business environment and enforceability of contracts that Saudi Arabia is promoting as part of its Vision 2030.

There were a number of discussion points identified in the report but of particular interest were the results of an SCCA study, which produced statistics illustrating the low rate at which local and foreign arbitral awards are nullified in Saudi Arabia.

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