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Axbey Rosalind  (Herbert Smith Freehills)
The New English Arbitration Act: Power to Make an Award on a Summary Basis
March 04, 2024

One of the proposed changes to the English Arbitration Act 1996 (the "Act") introduced in the Arbitration Bill is an express power for tribunals to make an award on a summary basis in relation to any…

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Laura Rees-Evans  (Fietta LLP)
English High Court Takes Pro-enforcement Stance in Intra-EU ECT Award Against Spain
August 12, 2023

The English High Court’s judgment in Infrastructure Services v Spain is one of the most important developments of the past year in relation to the enforcement of intra-EU investment awards. It arises…

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Lisa Dubot , Raid Abu-Manneh , Rachael O'Grady  (Mayer Brown)
Modernising The Arbitration Act 1996: A Critique of the Law Commission's Proposed Reforms
November 21, 2022

The Arbitration Act 1996 (the "Act"), the principal legislation governing arbitration in England, Wales and Northern Ireland, came into force 25 years ago. This landmark Act has enabled London to…

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Yahia Boussabaine , Ronan O'Reilly  (Jenner & Block)
Pre-Arbitration Conditions: the English High Court Provides Further Clarity in the Admissibility v Jurisdiction Debate
November 22, 2021

Arbitration agreements often provide that certain procedural steps must be undertaken before arbitration is commenced, such as mediation or negotiation. This provides a ‘cooling-off period’ in which…

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David Patrick Lewis  (Twenty Essex) , Andrew Dinsmore  (Twenty Essex)
Will London-Seated Arbitration Follow The English Courts’ Approach To Witness Statements?
June 08, 2021

This post considers Practice Direction 57AC (“PD57AC”), which changes the approach to witness evidence in the English Courts, and its potential impact on London-seated arbitration.   The New…

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Giammarco Rao  (School of International Arbitration, Queen Mary University of London (QMUL) )
LIDW 2021: Challenges and Opportunities in Investor-State Dispute Settlement
May 20, 2021

The Investor-State Dispute Settlement regime is at the centre of a long-standing debate, subsequent reform efforts, and, more in general, great innovation. In this context, on 14 May 2021, a LIDW…

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Jayavardhan Singh
Halliburton v. Chubb: Waiving a Mandatory Duty
April 28, 2021

In November last year, the UK Supreme Court (the “Court”) pronounced judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. It held, among other things, that there was a duty…

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Naomi Lisney  (Herbert Smith Freehills LLP)
The Limits of Court-Ordered Interim Relief in Support of Arbitration?
December 13, 2020

It is important for parties to arbitration agreements to understand to what extent they might be able to obtain effective interim relief from the courts. While parties may provide in their…

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Joe Rich  (WilmerHale)
U.K. Supreme Court Rules on Arbitrator Bias in Halliburton v. Chubb
December 01, 2020

On 27 November 2020, the U.K. Supreme Court in Halliburton Company v. Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 ruled on the approach under English law…

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The Department for International Trade UK
UK Government is Seeking Arbitrators for Free Trade Agreement Rosters
November 22, 2020

Many of the free trade agreements that the UK has signed or that are currently under negotiation include a requirement for the parties to create rosters of individuals who could act as arbitrators…

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