Category: arbitration

Arbitration as an instrument of fraud: Contax v KFH – Gatehouse Chambers

Posted June 13th, 2024 in arbitration, chambers articles, enforcement, fraud, news by sally

‘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.’

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Gatehouse Chambers, 7th May 2024

Source: gatehouselaw.co.uk

A Tale of Two Forums – the decision in Grosskopf v Grosskopf [2024] EWHC 291 (Ch) – Wilberforce Chambers

Posted May 3rd, 2024 in arbitration, chambers articles, jurisdiction, news, trusts by sally

‘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.’

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Wilberforce Chambers, 26th April 2024

Source: www.wilberforce.co.uk

What Next for Sovereign Immunity in ICSID Disputes? A Short Review of Border Timbers Ltd v Republic of Zimbabwe and Infrastructure Service Luxembourg Sarl v Spain – Kluwer Arbitration Blog

Posted April 25th, 2024 in arbitration, enforcement, immunity, news by sally

‘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.’

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Kluwer Arbitration Blog, 30th March 2024

Source: arbitrationblog.kluwerarbitration.com

Embracing Artificial Intelligence in International Arbitration: Towards Transparency and Fairness – 4-5 Gray’s Inn Square

Posted April 25th, 2024 in arbitration, artificial intelligence, chambers articles, news by sally

‘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).’

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4-5 Gray's Inn Square, 2nd April 2024

Source: www.4-5.co.uk

Assignments and transfers by operation of law: an important distinction clarified in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 – 29 Essex Chambers

Posted March 27th, 2024 in appeals, arbitration, assignment, chambers articles, damages, news by sally

‘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.’

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39 Essex Chambers, 7th February 2024

Source: www.39essex.com

To Babanaft or not to Bananaft – the extra jurisdictional effect of an anti-suit injunction (Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd) – Gatehouse Chambers

Posted March 20th, 2024 in arbitration, chambers articles, company law, dispute resolution, freezing injunctions, injunctions, news by sally

‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’

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Gatehouse Chambers, 5th February 2024

Source: gatehouselaw.co.uk

Lies, damned lies and fakery – UK Human Rights Blog

Posted March 11th, 2024 in arbitration, banking, foreign jurisdictions, fraud, human rights, judgments, news by tracey

‘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.’

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UK Human Rights Blog, 9th March 2024

Source: ukhumanrightsblog.com

English anti-suit injunctions in aid of arbitration agreements with a foreign seat – Wilberforce Chambers

Posted March 6th, 2024 in arbitration, chambers articles, foreign jurisdictions, injunctions, news by sally

‘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.’

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Wilberforce Chambers, 22nd February 2024

Source: www.wilberforce.co.uk

£70m arbitration award set aside after High Court judge finds agreement is a ‘fabrication’ – Law Society’s Gazette

Posted March 4th, 2024 in arbitration, enforcement, foreign jurisdictions, fraud, judgments, news, setting aside by tracey

‘A High Court judge has set aside a multi-million pound arbitration award and judgment after finding they were “fabrications”. The Honourable Mr Justice Butcher said the result of his decision meant ‘unanswered but serious questions’ were left and would require investigation.’

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Law Society's Gazette, 4th March 2024

Source: www.lawgazette.co.uk

Judge says he was misled by “fabricated” £74m arbitration ruling – Legal Futures

Posted March 1st, 2024 in arbitration, fraud, news, setting aside by sally

‘A High Court judge has set aside an order he made to enforce a £74m arbitration award after discovering that both the arbitration agreement and ruling were fabricated.’

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Legal Futures, 1st March 2024

Source: www.legalfutures.co.uk

High Court removes arbitrator who pre-judged expert evidence – Legal Futures

Posted February 27th, 2024 in arbitration, bias, expert witnesses, film industry, news by tracey

‘The High Court has removed a sole arbitrator it found had pre-judged the merits of a dispute because he said he knew and would believe the expert witnesses one side had put forward.’

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Legal Futures, 27th February 2024

Source: www.legalfutures.co.uk

High Court refuses leave to appeal $11bn arbitration ruling – Legal Futures

Posted January 25th, 2024 in appeals, arbitration, barristers, fraud, news, privilege, professional conduct, solicitors by sally

‘The potential consequences for two lawyers the High Court has referred to their regulators are not reasons to grant leave for an appeal, the judge has ruled after setting aside a $11bn arbitration award against the Republic of Nigeria.’

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Legal Futures, 25th January 2024

Source: www.legalfutures.co.uk

Case Comment: Independent Workers Union of Great Britain v Central Arbitration Committee and Anor [2023] UKSC 43 – UKSC Blog

Posted January 24th, 2024 in appeals, arbitration, contract of employment, employment, judicial review, news, Supreme Court, trade unions by sally

‘In this post, Liz Jackson, Trainee Solicitor, and Max Wiktorsson, Associate, in the Employment Team at CMS, comment on the decision from the Supreme Court in Independent Workers Union of Great Britain v Central Arbitration Committee and Anor. [2023] UKSC 43. The case was heard by the Supreme Court on 25 and 26 April 2023 and judgment was handed down on 21 November 2023.’

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UKSC Blog, 23rd January 2024

Source: ukscblog.com

Modernised laws to secure UK as world leader in dispute resolution – Ministry of Justice

Posted November 24th, 2023 in arbitration, bills, dispute resolution, London, news by tracey

‘The UK’s status as a multi-billion-pound global leader in arbitration services will be secured by new legislation introduced to Parliament on 21 November 2023.’

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Ministry of Justice, 22nd November 2023

Source: www.gov.uk

Arbitration Bill aims to retain pre-eminence of England and Wales – Legal Futures

Posted November 23rd, 2023 in arbitration, bills, disclosure, news, statutory duty by sally

‘The Ministry of Justice (MoJ) yesterday published the Arbitration Bill, including a new statutory duty on arbitrators to disclose anything which might give rise to “justifiable doubts” about their impartiality.’

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Legal Futures, 23rd November 2023

Source: www.legalfutures.co.uk

High Court laments “wholly unacceptable” last-minute adjournment – Legal Futures

Posted November 17th, 2023 in adjournment, arbitration, charging orders, Commercial Court, costs, news by tracey

‘A Commercial Court judge has blamed a claimant “in large part” for the “wholly unacceptable” last-minute adjournment of their case after he had begun pre-reading for it.’

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Legal Futures, 17th November 2023

Source: www.legalfutures.co.uk

Diag Human v Volterra Fietta – Hailsham Chambers

Posted November 15th, 2023 in appeals, arbitration, chambers articles, fees, news by sally

‘The Court of Appeal dismisses the solicitors’ appeal in Diag Human v Volterra Fietta. In this note, Jamie Carpenter KC, Counsel for the successful Respondents, analyses the decision and its implications for litigation funding agreements in light of PACCAR.’

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Hailsham Chambers, 4th October 2023

Source: www.hailshamchambers.com

Nigeria wins arbitration award fight against P&ID as judgment referred to regulators over lawyers’ conduct – Law Society’s Gazette

Posted October 24th, 2023 in arbitration, barristers, disclosure, documents, news, privilege, professional conduct, solicitors by tracey

‘A High Court judgment naming lawyers involved in an arbitration award under which Nigeria was ordered to pay a sum equal to its entire federal budget is to be sent to legal regulators, a judge ordered today.’

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Law Society's Gazette, 23rd October 2023

Source: www.lawgazette.co.uk

First post-PACCAR bid to invalidate litigation funding agreement fails – Legal Futures

Posted October 23rd, 2023 in arbitration, damages, law firms, news, Supreme Court by tracey

‘The High Court has rejected the first bid to use the Supreme Court’s PACCAR ruling by a company looking to invalidate a litigation funding agreement (LFA) it had signed up to.’

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Legal Futures, 23rd October 2023

Source: www.legalfutures.co.uk

Supreme Court and Privy Council simultaneously deliver important judgments on arbitration stays – Wilberforce Chambers

Posted October 9th, 2023 in appeals, arbitration, chambers articles, news, Privy Council, Supreme Court by sally

‘In FamilyMart Holding v Ting Chuan [2023] UKPC 33 delivered simultaneously with the decision in Republic of Mozambique v Credit Suisse International [2023] UKHL, Lord Hodge delivered two important judgments on how to define and identify the “matters” which give rise to stay of legal proceedings in favour of arbitration (in England under Section 9 Arbitration Act 1996) and certain other related issues. In doing so, these Courts have dropped the overly “granular” approach adopted by English Courts recently and opted for a more nuanced and analytical approach favoured by the Australian courts. The legal analysis in the two decisions is more or less identical.’

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Wilberforce Chambers, 25th September 2023

Source: www.wilberforce.co.uk