21 results
27 Apr 2021 11:12
Philip Bambagiotti appointed to international arbitration after East African Port Fire3PB international commercial and construction arbitrator Philip Bambagiotti has been appointed to act for the port owner in a claim against a prominent European-based international equipment provider over fire damage to an East African port. Amongst the many practical issues in the case are: the more...
19 Apr 2021 15:17
David Parratt QC (Scot) and law firm Brodies talk of Brexit and the future of business disputes in EuropePB’s international arbitration expert David Parratt QC (Scot) joins forces with Ken MacDonald from law firm Brodies LLP to record a podcast for Brodies latest episode in their ‘’Building Resilience Series’’. In this podcast David Parratt and Ken MacDonald discuss what the impact of the UK’s new more...
International Arbitration: Legal professional privilege or professional secrecy.
The idea of Legal Professional Privilege (LPP) is one of the core concepts of the different legal systems worldwide. It has a different connotation in common law jurisdictions (legal professional privilege) and civil law jurisdictions (professional secrecy). The concept of Attorney-Client (United more...
6 Nov 2019 11:36
Arbitration - how Paul Hollywood and his wife kept his divorce financial settlement out of courtNewspapers are reporting that Paul Hollywood, of The Great British Bake-Off fame, has chosen to settle his divorce financial matters out of court. He and his wife have chosen to use a process called family arbitration. There will be several advantages to them as a result, which we set out below. more...
24 Jul 2019 08:40
Erskine Chambers - Arbitration fellowshipsMichael Todd QC and Philip Gillyon have recently been admitted as Fellows of the Chartered Institute of Arbitrators. Both have extensive experience of advising in arbitrations involving issues of company/commercial law, in the UK and internationally, and they are both currently instructed in two more...
15 Jul 2019 15:20
Litigation/Arbitration/MediationLitigation is heavy duty and, according to at least one High Court Judge, arbitration is ’unwigged’ court proceedings: similar in terms of time and cost but the arbitrator doesn’t wear a wig (although some undoubtedly should!). What then with mediation: the 80:20 rule applies. It has the potential more...
Should I Arbitrate or Mediate in a Shipping Dispute?
A shipping dispute can range from relatively simple matters, such as disagreements over the transport of cargo involving fairly modest sums, to multi-jurisdictional claims involving multi-party contracts which may be more or less back-to-back. Yet no matter the size or complexity of the case, more...
Lux Mediation WIN 2019 Global Law Experts Award
2019 has had a busy and productive start to proceedings as we near the third month of the year – you could say a spring is firmly in our step with the declaration of Lux Mediation’s latest exciting news! We are pleased to announce that we have won the award for the Mediation Expert of the Year in more...
Dispute Resolution: Where have we come from and where are we going?
Well, it started with trial by combat– Quite literally, the physically stronger would win. We then progressed to the King’s or Queen’s justice – the Sovereign travelling the realm and personally administering justice to his/her subjects. With population growth it became the Sovereign’s Justices – more...
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...
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...
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