In UniCredit Bank GmbH v. RusChemAlliance LLC,[1] the UK Supreme Court confirmed the general common law rule that a choice of governing law for a contract as a whole will apply to an arbitration agreement within the contract, even when a different country has been chosen for the seat of the arbitration. This was important in the circumstances of the case because it meant that English – as opposed to French – law applied, which in turn gave the English courts jurisdiction to grant an injunction to restrain RusChemAlliance from litigating the dispute in Russian courts in breach of the parties’ agreement to arbitrate.
Arbitration Bill Passes Second Reading at House of Lords
After the previous government called a general election in late May, the Arbitration Bill was left out of the set of bills that would be approved on an expedited basis. In mid-July, the King’s Speech reintroduced an updated Arbitration Bill to Parliament’s legislative agenda. The second reading of the Arbitration Bill at the House of Lords took place on 30 July 2024. On 25 July …
International Bar Association Publishes 2024 Guidelines on Conflicts of Interest in International Arbitration
In February 2024, the International Bar Association (IBA) published the 2024 edition of its Guidelines on Conflicts of Interest in International Arbitration.
Court Proceedings Stayed in Favour of Arbitration to Which Respondents Were Not Party
In NTT Limited & Others v. Goodall,[1] the Commercial Court of England and Wales stayed litigation proceedings in favour of arbitration proceedings that would involve only three of the seven claimants. The case is a good example of the breadth of the courts’ discretion in such matters.
UK Court of Appeal Orders Mandatory Final Anti-Suit Injunction in Foreign-Seated Arbitration
In its recent judgment in UniCredit Bank GmbH v. RusChemAlliance LLC,[1] the Court of Appeal granted a mandatory final anti-suit injunction in support of a French-seated arbitration regarding proceedings brought by the RusChemAlliance (RCA) before Russian courts.
UK Government Introduces Arbitration Bill Into Parliament, Incorporating Law Commission’s Proposals for Reform
The UK government introduced the Arbitration Bill into UK Parliament on 21 November 2023, and it has already had its first reading. The bill incorporates all of the Law Commission’s recommendations for reform of the English Arbitration Act 1996 (see our October 2023 blog post summarising the main recommendations).
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.
1996 Arbitration Act Review: Law Commission Publishes Final Report
The recommendations, particularly those in relation to summary disposal and orders against third parties, provide tribunals and the courts with important express powers to ensure the efficient and effective management of arbitral claims. But the report is actually most notable for the fact that so few amendments are required – and those that are required are either changes to clarify the existing position or to tweak it. As such, it is a powerful statement that the Arbitration Act, 27 years on, remains fit for purpose.
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High Court Refuses to Enforce Arbitration Award Relating to Crypto Consumer Contract
In Payward, Inc. and Others v. Chechetkin, the High Court of England and Wales refused the claimants’ claim for the enforcement of a US arbitration award against a UK-based consumer. The court ruled that enforcement of the award would be contrary to public policy as it contravened key provisions of the Consumer Rights Act 2015 (CRA) and the Financial Services and Markets Act 2000 (FSMA).