Reform of the 1996 Arbitration Act: What To Expect – 4-5 Gray’s Inn Square

Posted October 4th, 2023 in arbitration, chambers articles, Law Commission, news by sally

‘The last dozen or so years have seen a number of revisions to arbitration legislation around the world. For instance, 2010 saw new or revised legislation in the Republic of Ireland and Scotland. In that context the review of the Arbitration Act 1996 (UK) (‘Act’) applicable in England, Wales and Northern Ireland, which started in 2021 was apt and necessary. The United Kingdom’s Law Commission has recently concluded that exercise. The Law Commission looked at whether the legislation is fit for purposes and reflected international best practice. In the round, the suggested changes, which still have to be given legislative effect, is a ‘tune up’, rather than a major revision, of an Act which has in the near 30 years since it was last amended shown itself to be robustly effective. The world (including the practice of domestic and international arbitration) has changed significantly since the mid-1990s and the suggested amendments can be seen as practical steps to consolidate the effectiveness of the Act.’

Full Story

4-5 Gray's Inn Square, September 2023

Source: www.4-5.co.uk

Strengthened immunity protection proposed in Arbitration Act reform – Law Society’s Gazette

‘Arbitrators’ common law duty to disclose any reason for doubts as to their impartiality could be codified under proposals from the Law Commission of England and Wales today. The recommendation is among proposed updates to the Arbitration Act 1996 which the independent reform body has published along with draft legislation.’

Full Story

Law Society's Gazette, 6th September 2023

Source: www.lawgazette.co.uk

Law Commission drops plan to ban discrimination in appointing arbitrators – Legal Futures

Posted September 6th, 2023 in arbitration, bills, consultations, equality, Law Commission, news, sex discrimination by sally

‘The Law Commission has “reluctantly concluded” that banning discrimination in the appointment of arbitrators “could cause more problems than it solves”, particularly in triggering “unwarranted satellite litigation”.’

Full Story

Legal Futures, 6th September 2023

Source: www.legalfutures.co.uk

Limitation periods in international arbitration – OUT-LAW.com

Posted August 31st, 2023 in arbitration, enforcement, limitations, news, treaties by tracey

‘Parties to international arbitration should pay close attention to the applicable limitation periods, particularly where the project involves a potential mix of applicable sources of law.’

Full Story

OUT-LAW.com, 31st August 2023

Source: www.pinsentmasons.com

The Separability Principle: the Newcastle Express Case – Wilberforce Chambers

Posted August 1st, 2023 in arbitration, chambers articles, contracts, news by sally

‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’

Full Story

Wilberforce Chambers, July 2023

Source: www.wilberforce.co.uk

Construction disputes and FIDIC: how the 1999 Red Book deals with disputes – OUT-LAW.com

Posted July 3rd, 2023 in arbitration, construction industry, contracts, dispute resolution, news by tracey

‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’

Full Story

OUT-LAW.com, 3rd July 2023

Source: www.pinsentmasons.com

English court rejects arbitrator bias challenge on account of tactical delay – OUT-LAW.com

Posted June 7th, 2023 in arbitration, bias, delay, disclosure, news by sally

‘Parties to an arbitration who become aware of potential grounds to challenge an arbitration award during the arbitral proceedings must raise grounds before the tribunal or a court as soon as possible to avoid losing the opportunity to do so, experts have warned, following a recent ruling of the English High Court.’

Full Story

OUT-LAW.com, 2nd June 2023

Source: www.pinsentmasons.com

OUTLOOK: Building for the Future – Climate Change and Arbitration – 39 Essex Chambers

‘The data from the major arbitral institutions indicates that the users of arbitration are overwhelmingly represented in heavily emitting industries – energy, construction and the financial sectors. Corporates in these industries will be the first to feel changes in regulation as targets become more ambitious – this is where the role of the state becomes significant in investor state arbitrations.’

Full Story

39 Essex Chambers, 28th March 2023

Source: www.39essex.com

Law Commission widens planned discrimination ban in arbitration – Legal Futures

Posted March 30th, 2023 in arbitration, consultations, diversity, Law Commission, news, sex discrimination by sally

‘The Law Commission has suggested widening its proposed ban on discrimination in arbitration from the appointment of arbitrators to the conduct of the arbitration generally.’

Full Story

Legal Futures, 30th March 2023

Source: www.legalfutures.co.uk

Case Preview: Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and Ors – UKSC Blog

Posted January 27th, 2023 in appeals, arbitration, bribery, corruption, guarantees, news, Supreme Court by sally

‘In this post, Eilidh Douglas, Senior Associate in the ICE Disputes team at CMS, previews the case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and Ors, which was heard by the UK Supreme Court on 24 and 25 January 2023.’

Full Story

UKSC Blog, 26th January 2023

Source: ukscblog.com

What reasonable steps does a party have to take to overcome a force majeure clause? – Mills & Reeve

Posted January 5th, 2023 in arbitration, charterparties, contracts, news by sally

‘Does a party have to accept non-contractual performance to mitigate the impact of a force majeure event?’

Full Story

Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Court of Appeal in London rules on reasonable endeavours in force majeure clause – OUT-LAW.com

Posted November 23rd, 2022 in appeals, arbitration, contracts, dispute resolution, news, shipping law by sally

‘The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.’

Full Story

OUT-LAW.com, 22nd November 2022

Source: www.pinsentmasons.com

Speech by the President of the Family Division: When families fall apart, do they fall too easily into court? – Courts & Tribunals Judiciary

Posted November 7th, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, speeches by tracey

‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’

Full speech

Courts & Tribunals Judiciary, 31st October 2022

Source: www.judiciary.uk

Separating couples should “try almost anything” before going to court – Legal Futures

Posted November 2nd, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, news by sally

‘Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way” to resolve child disputes in particular.’

Full Story

Legal Futures, 2nd November 2022

Source: www.legalfutures.co.uk

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

Full Story

OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

Lord Hodge, Guildhall Lecture – Supreme Court

‘Lord Hodge, Guildhall Lecture – The Rule of Law, the Courts and the British Economy.’

Full speech

Supreme Court, 4th October 2022

Source: www.supremecourt.uk

New reforms to ensure UK retains position as a leader in international arbitration – Law Commission

‘The Law Commission of England and Wales has today unveiled new proposals to update the Arbitration Act 1996, to ensure that the UK continues to be the foremost destination for international arbitration.’

Full Story

Law Commission, 22nd October 2022

Source: www.lawcom.gov.uk

Law Commission seeks ban on discrimination in appointing arbitrators – Legal Futures

‘Arbitration agreements requiring that the arbitrator be a “commercial man” or otherwise specifying a protected characteristic will be unenforceable under Law Commission proposals published today.’

Full Story

Legal Futures, 22nd September 2022

Source: www.legalfutures.co.uk

“Sportswashing – Are Legal Remedies Available?” – Church Court Chambers

Posted August 18th, 2022 in arbitration, human rights, international courts, news, sport, United Nations by sally

‘The phrase ‘sportswashing’ is one that is used regularly in the press. So, what is it? There is no single definition and none that appears in the Oxford English dictionary. We can be bold and safely surmise that it is where a state uses sport to propel their reputation positively as a means to cover their poor human rights record.’

Full Story

Church Court Chambers, July 2022

Source: churchcourtchambers.co.uk

Lord Reed, London International Disputes Week – Supreme Court

‘Lord Reed, London International Disputes Week.’

Full speech

Supreme Court, 11th May 2022

Source: www.supremecourt.uk