57 results
6 Feb 2019 12:25
Service on a Sovereign State: What, When, How, and Why?General Dynamics United Kingdom Limited v State of Libya[2019] EWHC 64 (Comm) 18 January 2019 Can an arbitration award against a State be enforced by court proceedings in the UK without service on that State of any formal court document? Facts In 2016, an arbitral tribunal made an award against the more...
28 Jan 2019 16:44
West Midlands barrister’s thoughts for the Child Arbitration SchemeA leading Birmingham barrister fears a lack of awareness about the use of child arbitration during family break-ups means that people do not always have it as an option at such a stressful time in their lives. Michele Friel, of No5 Barristers’ Chambers, is the only arbitrator in the West Midlands more...
11 Jan 2019 11:41
Is legal professional privilege waived by communications exchanged between lawyers, clients and third-party funders?Introduction There are no clear rules on privilege in international arbitration. There remains a lacuna for some consolidated guidance. In the absence of clear or express privilege rules, arbitral tribunals consider the: Lex arbitri. Law of the jurisdiction where the disclosure is sought. Governing more...
16 Nov 2018 16:12
Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us?The Draft Withdrawal Agreement The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018. Formally the “14 November 2018 Draft Agreement on the Withdrawal of the United Kingdom … from the European Union and the more...
15 Nov 2018 12:18
Corruption in International ArbitrationIntroduction For many years there has been a push towards reducing corruption across the globe. Some countries introduced anti-corruption legislation some time ago, such as the US Foreign Corrupt Practices Act 1977 and China’s Criminal Law of the People’s Republic of China 1980 (Reformed in 1997). more...
14 Nov 2018 14:45
Tools and innovative solutions for increasing access to international arbitrationParties have been concerned for some time about the length and cost of arbitration, and how these issues can be effectively controlled. This article considers the factors affecting accessibility, how arbitral institutions can help, and how the parties can help themselves; different available tools more...
The Reciprocal Enforcement of Judgments, Orders and Arbitral Awards by the ADGM Courts and Abu Dhabi Judicial Department: A Recent and Important Development
On 11 February 2018, the Abu Dhabi Global Market Courts (“ADGM Courts”) and the Abu Dhabi Judicial Department (“ADJD”) signed a memorandum of understanding (“2018 MoU”) to allow the mutual and reciprocal recognition and enforcement of judgments, decisions, orders and ratified arbitral awards between more...
24 Sep 2018 11:19
Multi-Party Disputes and Co-MediationRosemary Jackson QC and Elizabeth Repper, full-time mediators at Keating Chambers who regularly co-mediate, discuss why and how parties are using co-mediation. Mediation and Multi-Party Disputes For all the well-known reasons, parties to any dispute will want to consider mediation. Where there are more...
Spoilt for choice? How to choose the right mediator
The choice of mediator will have a direct impact on the prospects of a successful mediation outcome. No mediator can guarantee success, but a good mediator should create an expectation of success. Mediators come in all shapes and sizes with a multitude of different backgrounds, levels of experience more...
17 Jul 2018 16:04
Agricultural Dispute Resolution1. No doubt the vast majority of potential and actual disputes never reach the stage where the parties instruct barristers. Often we only get involved once a dispute becomes particularly intractable, and litigation is afoot. Nevertheless, because of the technical nature of real property law in more...
6 Jun 2018 10:42
Barristers Chambers in LondonLaw Lane Chambers is a modern, diverse, progressive and a rapidly-growing common law set based in the Capital with Barristers that specialises in Immigration, Civil, Commercial, Bankruptcy, Housing, Professional Negligence, Employment, Family and Criminal Law. For More Information on our chambers more...
14 May 2018 11:23
Challenger Beware! Orascom TMT Investments S.À.R.L v. Veon Ltd [2018] EWHC 985 (Comm)In a recently published Commercial Court judgment, which was initially delivered ex tempore in private, Mr Justice Andrew Baker considered a challenge, brought under section 68 of the Arbitration Act 1996 (“the Act”), to a final arbitral award made under the LCIA rules. The claim failed and was more...
3 Apr 2018 14:02
4 New Square’s International Construction team boosted by latest recruit Dr Cyril Chern, FCIArbWe are delighted to announce Dr Cyril Chern has joined 4 New Square from Crown Office Chambers. A structural engineer and Chartered Architect, Chartered Arbitrator, as well as a barrister, Dr Chern specialises in complex engineering and construction projects. With over 40 years’ experience in more...
Arbitrating in Mauritius
Mauritius is positioned in a geographic “sweet spot” between Africa and Asia and it sees itself as providing a gateway for investment into Africa from the Far East, the Middle East, the Indian sub-continent and also from Europe. Abdul Jinadu discusses arbitration in Mauritius from the perspective of more...
8 Feb 2018 17:51
Be careful and honest in what you say: fraud in arbitrationVincent Moran QC acted for the successful Claimant in Celtic v Knowles, the first reported decision under the 1996 Arbitration Act (“the Act”) in the construction field setting aside or remitting an award in arbitration because it was obtained by fraud. In this article he lays out the background to more...
7 Feb 2018 15:16
Cap JulucaDavid Phillips QC has appeared in the Eastern Caribbean Court of Appeal sitting in St Vincent on appeal from the High Court of Anguilla. The appeal is the latest stage of the multi-facetted Cap Juluca dispute which has occupied courts and arbitrators in a variety of proceedings since 1991 in more...
23 Jan 2018 16:44
Common law advocacy in international arbitrationsThis paper addresses the rights and obligations of advocates appearing in international arbitrations, and the forensic tactics which they are able to deploy in presenting their cases. It looks at the different legal cultures in which international advocates have received their training. Specifically more...
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