Insights: Frances Jenkins

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Fladgate in International Litigation News after Supreme Court judgment in Vendanta Resources Plc v Lungowe

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On 10 April 2019, the Supreme Court handed down a much anticipated judgment Vedanta Resources Plc v Lungowe, holding that UK parent companies may owe a duty of care to third parties affected by their foreign subsidiaries’ operations. The dispute related to the alleged environmental pollution caused by the Nchanga copper mine owned by UK-domiciled […]


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

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It is well established that arbitrators should request parties’ views when introducing a novel point in a dispute (Zermalt Holdings SA v NuLife Upholstery Repairs Ltd[1]).  However this does not always happen… In RJ & Anor v HB[2], the Respondents in an ICC arbitration challenged a number of awards for serious irregularity under s.68(2)(a) Arbitration […]


Money, money, money: It’s a rich man’s world!

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In February 2018, the National Crime Agency (NCA) successfully obtained two Unexplained Wealth Orders (UWO) on properties in the UK – one in the exclusive Knightsbridge area of London and the second, a golf course in Berkshire, collectively worth £22 million. The first target of the UWOs challenged the UWOs on a variety of grounds […]


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

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In A v B [2018] EWHC 1370 (Comm), the Commercial Court has allowed a challenge under section 67 of the Arbitration Act 1996 on the basis that an ambiguous and contradictory arbitration clause drafted in Russian provided for ad hoc arbitration. The initial dispute arose in relation to a Charterparty comprising two parts which were […]


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

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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. […]


Recent decisions from the English Courts on arbitration matters

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The English Court has issued a number of recent judgments in respect of arbitration matters and its supervisory powers under the Arbitration Act 1996  We summarise some of the more important decisions emerging, including those relating to “apparent bias” challenges against an arbitrator. Progas Energy Limited v Pakistan [2018] EWHC 209 (Comm) (9 February 2018) […]


No ‘get out of jurisdiction free’ card available to sanctioned entity

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The recent decision in the Kamoto Copper Company SA v (1) Africa Horizons Investments Ltd and (2) Ventora Development SASU case highlights the challenges that a party subjected to US sanctions may face attempting to circumvent an exclusive jurisdiction clause in favour of the English courts. The Claimant, a subsidiary of the mining giant Glencore, […]


So far so good…

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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 […]


Costs paid in settlement agreements: recovery from culpable third parties

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The long awaited quantum judgment in the Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd[1] (ZPMC) case was handed down in January 2018.  It provides important guidance on the extent to which a main contractor’s damages against a subcontractor were limited by a settlement agreement it entered into with the employer. This commentary is of […]


Is a UK parent liable for the conduct of its foreign subsidiary? (Update)

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In the recent Court of Appeal judgment of Okpabi v Royal Dutch Shell Plc[1], the court examined the issue of whether there was an arguable case that Royal Dutch Shell (Shell), as the UK parent company of a Nigerian subsidiary, owed a duty of care to those affected by oil leaks from pipelines and associated […]


Two LCIA arbitrations for the price of one?

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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 […]


The SFO v ENRC: Erosion of fundamental rights and dangerous precedent or a valid aid to law enforcement?

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Eurasian Natural Resources Corporation Ltd (ENRC) has been granted permission to appeal the controversial ruling in Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB)  which sent shock waves through the legal profession earlier this year. The appealed decision held that certain documents generated during an internal investigation conducted by […]