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Akash Karmarkar
Eyes Wide Shut: Why the UKSC Should Have Considered French Law in the Kabab-Ji Case
February 16, 2022

The recent judgment of the United Kingdom Supreme Court (the UKSC) in Kabab-Ji v Kout Foods (the Kabab-Ji judgment) has reopened issues concerning the differing approaches of English and French…

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Leila Kazimi
Can’t Budge: The Curious Case of Kabab-Ji and the New York Convention
November 15, 2021

On 27 October 2021, the Supreme Court of the United Kingdom (the Court) issued a judgment in Kabab-Ji SAL v Kout Food Group [2021] UKSC 48. The Court upheld the earlier decision of the Court of…

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Simon Maynard, Liam Petch (King & Spalding)
Under What Circumstances Will the English Courts Determine a Preliminary Point of Jurisdiction?
September 04, 2021

In Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd [2021] EWHC 1094 (Comm), the High Court considered the interplay between sections 32 and 72 of the Arbitration Act 1996 (the…

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Milo Molfa, Serena Boscia Montalbano, Angus Thompson (Curtis, Mallet-Prevost, Colt & Mosle LLP)
When is a “Court” not a Court? A Few Thoughts After Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TbK [2021] EWHC 99 (Comm)
March 08, 2021

In a recent High Court case, it was held that a reference in a contract to the “court” did not mean a court at all but meant instead – perhaps alarmingly – arbitration. This decision in Helice…

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Steven Lim (39 Essex Chambers)
Enka v Chubb [2020] UKSC 38: Bringing the Validation Principle Into the Light
December 16, 2020

Much has been written about the UK Supreme Court’s decision in Enka v Chubb [2020] UKSC 38 (“Enka”) including on the blog. Those familiar with the judgment will know the Supreme Court decision was…

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Duncan Gorst (Osborne Clarke)
The London Chamber of Arbitration and Mediation
July 28, 2020

On 26 May 2020, the London Chamber of Commerce and Industry (LCCI), a networking and business support organisation that caters to the London business community, launched the London Chamber of…

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Anna Maxwell (Enyo Law LLP)
Eating Your Cake and Having It Too: The Equitable Doctrine of Approbation and Reprobation in MPB v LGK
May 27, 2020

The proverb “You can’t have your cake and eat it too” makes more sense to some people in the reverse, and it was in fact first formulated in that way in English in the 16th Century. Its point, as we…

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Manuel Penades (King's College London)
English Arbitration, Spanish Insolvency and David Guetta
November 15, 2019

One of David Guetta’s most famous songs is “When Love Takes Over”. Recent weeks have shown him that insolvency can also “take over”. The Commercial Court in Santander (Spain) ruled recently that an…

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Craig Tevendale, Rutger Metsch (Herbert Smith Freehills LLP) for HSF Kramer
Procedural Orders or Challengeable Awards? The English High Court Clarifies Its Position
November 01, 2019

The English High Court (the Court) has recently issued two judgments clarifying its approach to determining whether a decision by an arbitral tribunal is an award or a procedural order. A few months…

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Melanie Martin (Clyde & Co)
English Court Adjourns Enforcement of Nigerian Arbitral Award
October 14, 2019

In the recent judgment of AIC Limited v The Federal Airports Authority of Nigeria [2019] EWHC 2212, the English High Court adjourned the decision to enforce a Nigerian arbitral award in exercise of…

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