Posts from Gatehouse

National Investment Bank v Eland: a cautionary tale

The recent case of National Investment Bank Ltd v Eland International (Thailand) Co Ltd and another addresses a wide range of matters related to arbitration in a relatively brief judgment. Foxton J considered, among other things, the relationship between sections 18 and 72 of the English Arbitration Act 1996 (AA 1996), waiver, section 14 of the … Continue reading National Investment Bank v Eland: a cautionary tale

Applying Gleeson: how and when will an arbitration decision bind non-parties?

A topical and interesting decision from the Commercial Court last month, PJSC National Bank Trust v Boris Mints, looks at the circumstances in which an arbitration decision can bind non-parties. Topical, for me at least, not just because it was yet another case where Russian litigants were using English courts to resolve their disputes, but … Continue reading Applying Gleeson: how and when will an arbitration decision bind non-parties?

International Commercial Arbitration: The Applicable Laws Theorem

One of the most interesting aspects of international arbitration are the applicable laws. For me, what makes international arbitration stand out as its own system of law, much like the law of contract, torts or criminal law, is the method employed to determine which laws apply and how they operate together in harmony, or at … Continue reading International Commercial Arbitration: The Applicable Laws Theorem