Exclusion of Expert Evidence Maintained

15 October 2019

The Commercial Court has refused an application to set aside a tribunal decision that excluded a party’s expert evidence report.

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Assigned contracts: can an arbitration agreement be challenged under S.67 AA 1996?

15 July 2019

The Court has determined a novel point, namely that challenges to the assignment of arbitration agreements can be brought under s.67 AA 1996.

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Non-Party Allowed Access to Court Documents for use in Arbitration

5 April 2019

In a potential controversial decision, the Commercial Court has granted a third party the right to access copies of documents disclosed in High Court litigation to remove an arbitrator, despite the usual confidentiality of arbitration proceedings.

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It is not just named parties that can sue under a contract…

18 March 2019

In Filatona Trading Ltd and another v Navigator Equities Ltd and others the Court held that an LCIA arbitral tribunal did not exceed the scope of its powers in ordering relief that was not available to an English court.

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If you don’t ask…sometimes you do get!

6 December 2018

Court sets aside arbitration award for serious irregularity on the basis that sole arbitrator grants relief which neither party asked for.

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Ambiguous and contradictory arbitration clause in Russian: what could possibly go wrong?

10 September 2018

The Commercial Court has allowed the challenge of an award on the basis of the unclear translation of an arbitration clause in a decision highlighting the importance of using clear and unambiguous terms in foreign language documents.

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To freeze worldwide, or not to freeze worldwide: that is the question

27 July 2018

Commercial court decides against granting a WFO in support of a foreign arbitral award. In Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd [2018] EWHC 1539 (Comm), Eastern European Engineering Ltd (EEEL) applied to the Commercial Court in London for a WFO (WFO) against Vijay Construction (Vijay) in support of an ICC arbitral award. […]

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So far so good…

21 May 2018

London as a centre for international arbitration emerges unscathed (so far) from the uncertainty of Brexit. The London Court of International Arbitration (LCIA) recently published their 2017 Casework Report (Report) which provides welcome reassurance to London arbitration practitioners as to the high standing of London as a world centre for international arbitration. Highlights from the […]

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Two LCIA arbitrations for the price of one?

4 April 2018

How do you commence an LCIA arbitration if you have claims under several similar contracts against one party? Can you really get two LCIA arbitrations for the price of one? The recent decision by the Commercial Court highlights a trap into which the unwary could fall. In A v B [2017] EWHC 3417 (Comm), B […]

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