‘Boris Lazic & Arran Dowling-Hussey look at the extent to which trust disputes can be subject to arbitration after the recent decision in Grosskopf v Grosskopf ([2024] EWHC 291 (Ch).’
4-5 Gray’s Inn Square, 6th December 2024
Source: www.4-5.co.uk
‘There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.’
Financial Remedies Journal, 5th December 2024
Source: financialremediesjournal.com
‘Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service. Providing a confidential and streamlined process for those wanting to avoid the delays and potential publicity of a court process, its attraction for clients, other than the additional fees of the arbitrator, are obvious.
However, there are traps that one can fall into, and stumbling blocks we have identified which prevent people from arbitrating, cause difficulties in the process and can add to the cost for clients, which can tarnish the lustre of our proverbial silver bullet.
Here are our lessons learned over the past few years.’
Financial Remedies Journal, 2nd December 2024
Source: financialremediesjournal.com
‘The High Court has ordered a leading City litigation firm to name the source of a potentially forged report produced as part of an arbitration dispute between Russian oligarchs.’
Legal Futures, 15th October 2024
Source: www.legalfutures.co.uk
‘New research shows the important role that English law, courts and arbitration bodies play in dispute resolution in a competitive global market, experts have said.’
OUT-LAW.com, 13th September 2024
Source: www.pinsentmasons.com
‘The former law lord who presided over the arbitration whose $11bn award was later found to have been obtained by fraud has said there was nothing the panel could have done differently.’
Legal Futures, 13th September 2024
Source: www.legalfutures.co.uk
‘Like advocacy, award writing is a solitary and idiosyncratic art. No doubt others use different brush strokes. These are my tips for award writing.’
Financial Remedies Journal, 5th September 2024
Source: financialremediesjournal.com
‘A City law firm will be able to fully defend itself from serious allegations in the High Court after a judge held that its former clients cannot claim legal professional privilege (LPP) because of the iniquity exemption.’
Legal Futures, 29th August 2024
Source: www.legalfutures.co.uk
‘The presence of a generally worded arbitration agreement or exclusive jurisdiction clause applicable to the debt relied upon by a creditor bringing a winding-up petition should not lead to the stay or dismissal of the petition unless the debt is genuinely disputed on substantial grounds.’
Pump Court Chambers, 2nd July 2024
Source: www.pumpcourtchambers.com
‘Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 (“Sian”) has, in part, overruled, Salford Estates (No.2) Ltd v Altomart Ltd [2014] EWCA Civ 1575; [2015] BCC 306 (“Salford Estates”). The part overruled is in respect to section 122(1) of the Insolvency Act 1986 and whether the Companies Court can, on a creditors winding up petition, determine whether or not the petition debt is genuinely disputed on substantial grounds. Salford Estates was not overruled in respect to whether section 9 of the Arbitration Act 1996 applies to creditors winding up petitions.’
33 Bedford Row, 1st August 2024
Source: www.33bedfordrow.co.uk
‘The Arbitration Bill was introduced into Parliament today. The Bill enacts the recommendations of the Law Commission to reform arbitration law.’
Law Commission, 18th July 2024
Source: lawcom.gov.uk
‘In Sian Participation Corp v Halimedia International Ltd [2024] UKPC 16, Lords Briggs and Hamblen considered the issue of whether insolvency proceedings should be stayed where the underlying debt was covered by an arbitration agreement. In an appeal from the BVI, the Privy Council rejected the approach in Salford Estates (No 2) Ltd v Altomart Ltd (No 2) [2014] EWCA Civ 1575 where the English Court of Appeal stated that insolvency proceedings should be stayed in favour of arbitration proceedings unless there are exceptional circumstances (“the Salford Approach”). This means that even if the debtor company could not show that the debt is genuinely disputed on substantial grounds (a relatively low threshold), the petitioning creditor will still have to go through the arbitration process to establish the debt before seeking a winding-up order.’
Wilberforce Chambers, 21st June 2024
Source: www.wilberforce.co.uk
‘Earlier this year, Butcher J handed down the judgment of the Commercial Court in the extraordinary case of Contax Partners Inc BVI v Kuwait Finance House and Ors [2024] EWHC 436 (Comm), ultimately putting to bed an attempt by fraudsters to purloin over £70 million from a banking group associated with the Kuwaiti sovereign wealth fund. What made this attempted fraud particularly noteworthy was that its central mechanism was an abuse of the processes of the court used to enforce arbitral awards.’
Gatehouse Chambers, 7th May 2024
Source: gatehouselaw.co.uk
‘The decision by Master Clark on 16 February 2024 in Grosskopf v Grosskopf (two members of Wilberforce Chambers: Fenner Moeran KC and Simon Atkinson acted for the C in this case) is a judgment on an increasingly important point – to what extent can parties contractually agree to submit their trust dispute to arbitration? Does section 9 of the Arbitration Act 1996 bite in circumstances where the claimant seeks a replacement of the trustee with a judicial trustee? The answer it would seem is that you can, but the arbitrators will have their hands relatively tied as to what relief they can order.’
Wilberforce Chambers, 26th April 2024
Source: www.wilberforce.co.uk
‘On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the application of the UK State Immunity Act 1978 (“SIA”) to the registration, enforcement, and execution of ICSID arbitral awards before and by the English courts. The court declined to follow another recently decided case Infrastructure Services Luxembourg Sarl v Spain [2023] EWHC 1226 (Comm), as well as international practice across the broader common law world. Permission has been given to appeal the decision in Border Timbers to the Court of Appeal. The proceedings in Border Timbers and Infrastructure Services Luxembourg deserve close attention.’
Kluwer Arbitration Blog, 30th March 2024
‘Leonora Riesenburg and Arran Dowling-Hussey reflect on the healthy and often colourful global debate on risk mitigation in international arbitration driven by modern forms of Artificial Intelligence (AI).’
4-5 Gray's Inn Square, 2nd April 2024
Source: www.4-5.co.uk
‘In this case the Court of Appeal considered when a non-assignment clause would be effective to stop the transfer of a cause of action to an indemnifying insurer.’
39 Essex Chambers, 7th February 2024
Source: www.39essex.com
‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’
Gatehouse Chambers, 5th February 2024
Source: gatehouselaw.co.uk
‘Contax Partners inc BVI v Kuwait Finance House and others [2024] EWHC 436 (Comm). Legal news abounds these days with stories of fabricated decisions and authorities generated by ChatGPT and similar AI mechanisms. But there’s nothing like a bit of old-fashioned human plagiarism to tickle the palates, and the full force of a judge’s fury was unleashed on such an attempt recently in the High Court.’
UK Human Rights Blog, 9th March 2024
Source: ukhumanrightsblog.com
‘The recent Court of Appeal decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] EWCA Civ 64 (“Unicredit”) is the latest in a trilogy of cases1 involving successful applications to the English courts for the grant of anti-suit injunctions to restrain RusChemAlliance LLC (“RCA”), a Russian company, from continuing Russian proceedings brought in breach of arbitration agreements governed by English law. The distinguishing feature in each of these cases is that although the arbitration agreements were governed by English law, the chosen seat of the arbitration was Paris, France, and hence the supervisory court was not the English court but the French court.’
Wilberforce Chambers, 22nd February 2024
Source: www.wilberforce.co.uk
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