IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation
Court of Appeal
“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”
The Times, 12th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation
Court of Appeal
“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”
The Times, 11th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn [2008] EWCA Civ 1157; [2008] WLR (D) 324
“Part of a New York Convention arbitration award could be enforced pursuant to the Arbitration Act 1996.”
WLR Daily, 23rd October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
ETI Euro Telecom International NV v Republic of Bolivia and Another
Court of Appeal
“International investment dispute arbitrations, not subject to any national law, were not legal proceedings that enabled an English court to grant injunctive relief to one party against the moneys of another in England pending the outcome of the arbitration.”
The Times, 9th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. Where injunctive relief was sought in the English court, the claimant should deal both with state immunity from the adjudicative jurisdiction of the court and with state immunity from enforcement. The court should consider and decide the question of state immunity at as early a stage on the proceedings as practicable.”
WLR Daily, 29th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184; WLR (D) 82
“The interests of justice required an English court to ensure as far as possible that parties to London arbitrations should not seek to use the cloak of confidentiality with a view to misleading foreign courts particularly where the cases being presented in the foreign courts raised essentially the same or similar allegations and were proceeding in parallel.”
WLR Daily, 12th March 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
C v D (London arbitration clause)
Court of Appeal
“Although the governing law of a liability insurance contract was that of New York, where the contract contained a London arbitration clause, the parties were to be taken to have agreed that the arbitration award could be challenged only in English law proceedings because of the choice of London as the seat of the arbitration.”
The Times, 16th January 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Sumukan Ltd v Commonwealth Secretariat (No 2)
Court of Appeal
“Failure to comply with proper procedure in appointing an arbitrator rendered the appointment invalid and the award a nullity.”
The Times, 18th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Laurence Shore, Herbert Smith’s head of international aribtration, explains how to successfully manage a commercial dispute.”
The Times, 17th December 2007
Source: www.timesonline.co.uk
“Parties to a liability insurance contract in the Bermuda form providing for the contract to be governed by New York law but with arbitration in London were to be taken as having agreed, by choosing London as the seat of the arbitration, that proceedings on the arbitration award were only those permitted by English law.”
WLR Daily, 6th December 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Sumukan Ltd v Commonwealth Secretariat (No 2) [2007] EWCA Civ 1148
“Where a contract contained a clause expressly providing for arbitration before a tribunal established according to the defendant’s rules, and one of the arbitrators was not validly appointed under those rules, the non-compliance rendered that arbitrator’s participation unlawful and the award a nullity. If the claimant could not with reasonable diligence have discovered the lack of validity within s 73 of the Arbitration Act 1996, the arbitrators lacked substantive jurisdiction under s 67 of the 1996 Act and the award would be set aside.”
WLR Daily, 16th November 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Whether arbitrator realised counsel had missed a point
Bandwidth Shipping Corporation v Intaari
Court of Appeal
“If an arbitrator appreciated that a party had missed a point then fairness required him to raise it so that the party could deal with it. But with no such appreciation, it was not unfair to leave it to counsel, particularly highly experienced counsel, to take such points as he wished.”
The Times, 31st October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Bribery dispute is within scope of charterparty
Fiona Trust and Holding Corporation and Others v Privalov and Others
House of Lords
“A dispute as to whether a charterparty contract had been validly rescinded for alleged bribery came within the scope of an arbitration term in the contract.”
The Times, 25th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Bandwidth Shipping Corpn v Intaari [2007] EWCA CIV 998
“An application under s 68 of the Arbitration Act 1996 to remit an arbitration award on the grounds of the tribunal’s unfairness faced a high hurdle. If an arbitrator appreciated that a party had missed a point then fairness required the arbitrator to raise it so that the party could deal with it. But where there was no such appreciation it was not unfair to leave it to counsel, particularly highly experienced counsel who showed a detailed knowledge of the case, to take such points as he wished.”
WLR Daily, 22nd October 2007
Source: www.lawreports.co.uk
Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A dispute as to whether a charterparty contract could be rescinded for alleged bribery came within the scope of an agreement in the charterparty to submit to arbitration any dispute arising under the contract.”
WLR Daily, 17th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“London’s hopes of becoming the world’s pre-eminent centre for arbitration were boosted as the UK’s highest court officially embraced the alternative method of settling disputes.”
The Times, 17th October 2007
Source: www.timesonline.co.uk
Arbitrators not tainted by association
ASM Shipping Ltd of India v Harris and Others
“It was not the case that where one member of a tribunal was tainted by apparent bias that the whole tribunal was thereby affected.”
The Times, 6th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The cost and speed of international arbitration will be discussed at the first meeting of the Centre for Effective Dispute Resolution (CEDR) Commission on Settlement in International Arbitration today.”
LegalWeek, 10th July 2007
Source: www.legalweek.com
Power to hear appeal on whether exclusion agreement valid
Sumukan Ltd. v. Commonwealth Secretariat
Court of Appeal
“The Court of Appeal had jurisdiction to determine an appeal from a judge’s decision on whether the parties to an arbitration agreement had agreed to exclude an appeal to a court on a point of law under section 69 of the Arbitration Act 1996.”
The Times, 13th April 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Parties to an arbitration waive Convention right to fair trial
Stretford v. Football Association Ltd. and Another
Court of Appeal
“An arbitration agreement in the rules of a national football association did not contravene the right to a fair trial guaranteed by article 6 of the European Convention on Human Rights.”
The Times, 13th April 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
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