The Ministry of Justice has published the UK government’s response to the consultation on joining the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, concluding that it is the right time for the UK to join the convention.
UK Supreme Court Guidance on Staying Proceedings in Favour of Arbitration
The UK Supreme Court’s recent judgment in Republic of Mozambique v. Privinvest Shipbuilding SAL and others,[1] provides an extremely valuable analysis of the proper basis for staying legal proceedings in favour of arbitration under section 9 of the Arbitration Act 1996.
High Court Rules Arbitral Awards Don’t Deprive English Court of Jurisdiction in Crypto Consumer Claim
In Chechetkin v. Payward Ltd and Others[1], the High Court of England and Wales ruled that the existence of an arbitration clause in an agreement between the parties should not prevent the court from hearing the UK consumer’s claim for repayment of sums lost through his trading on the defendants’ cryptocurrency exchange.
The High Court Shows Support for Arbitral Process
In its instructive judgment in RQP v ZYX, the High Court of England and Wales has provided helpful commentary on two aspects of the arbitration process, namely: (i) the limited circumstances in which a tribunal may have jurisdiction over a set-off counterclaim; and (ii) the scope of the courts’ role in enforcing orders made by tribunals. In doing so, it has demonstrated the respect the courts have for the arbitral process and a constructive view as to when and how they should support that process.
Court of Appeal Guidance on Good Faith Obligations in Shareholders’ Agreements
In its judgment in Re Compound Photonic Group Ltd, the Court of Appeal has given helpful guidance on the interpretation of good faith obligations in shareholders’ agreements.
Irremediable Mistakes
It is common for contracts to contain termination provisions that only allow for termination for a remediable breach if notice of the breach is given and the breaching party is allowed time to remedy it. For a party considering the application of such a clause, an obvious question is: what breaches do the courts consider capable of remedy? The High Court of England and Wales recently considered this in Stobart Capital Ltd v Esken Ltd. While not making new law, the case is a good reminder that the answer is maybe more than you think.
Dispute Resolution no Longer Alternative
Alternative Dispute Resolution is henceforth to be called Negotiated Dispute Resolution. This change in nomenclature, introduced in the 11th Edition of the Commercial Court Guide, reflects the drive to place dispute resolution at the heart of the litigation process. The message is clear: engaging in dispute resolution should be a standard part of the litigation process.