International arbitration
Arbitration Act 2025: Welcome Progress or Missed Opportunity?
After nearly three decades, English arbitration law has undergone a significant overhaul with the enactment of the Arbitration Act 2025 (the Act). The journey to this landmark legislation has been rigorous: a comprehensive Law Commission review, extensive consultation with industry stakeholders and considerable anticipation from the arbitration community. But as the Act comes into force, the question arises: does it deliver the strategic leap necessary for London to maintain its status as a leading seat of arbitration or does it leave critical gaps that could hinder future competitiveness?
Read moreJudicial guidance on time limits for challenges to post-arbitral awards
The question of whether challenges brought under section 72(1) of the Arbitration Act 1996 (the AA) can be made post-award has been a source of judicial and academic debate.
Read moreAllegations of arbitrator bias fall flat in the recent case of V and N v K
In the recent case of V and N v K[1] the High Court confirmed the high threshold required for establishing arbitrator bias and considered the extent of an arbitrator's duty to disclose previous appointments in arbitrations under the London Maritime Arbitrators Association (LMAA) Rules. The judgment provides a useful review of the principles and serves as a reminder for parties to ensure that any challenges to arbitrator independence are properly particularised, considering the relevant practice for arbitrator appointment in the relevant field.
Read moreAnnual Insurance Review 2025: International arbitration
The Arbitration Bill received its first and second readings in parliament in July 2024. Having first come before parliament in September 2023 under the UK's then Conservative government, it will once again proceed through the House of Lords and House of Commons, before receiving Royal Assent and becoming law.
Read moreNo objection: When is a party barred from challenging jurisdiction where it continues in the arbitration?
The High Court has provided invaluable guidance on the factors that it will consider when determining when a party is barred from challenging jurisdiction under s. 67 of the Arbitration Act 1996 (the Act) by failing to raise an objection while continuing to take part in the arbitration.
Read moreThe arbitration of insurance disputes (With Jonathan Wood)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Jonathan Wood, President of the Chartered Institute of Arbitrators and fellow RPC lawyer. In this episode they discuss arbitration with a particular focus on insurance disputes.
Read moreNot the last word: High Court holds that ICSID Convention does not effect automatic waiver of immunity
The decision in Border Timbers Ltd v. Republic of Zimbabwe [2024] EWHC (Comm) [2024] EWHC 58 (Comm) considers state immunity under English law in the context of enforcement of ICSID arbitral awards.
Read moreA tool that French law does not like: English Court refuses to grant anti-suit injunction in support of French-seated ICC arbitration
The English Court has refused to grant an anti-suit injunction (ASI) in support of an ICC arbitration seated in France.
Read moreDelay at your peril: High Court holds that two week delay causes party to lose right to object to irregularity in arbitration
In Radisson Hotels v Hayat Otel, (1). the High Court found that the claimant ("Radisson") had lost its right to challenge an arbitration award (the "Award") by continuing to take part in the proceedings for a period of two weeks after becoming aware of improper conduct by one of the arbitrators (the "Arbitrator"). The court also rejected Radisson's subsequent application seeking to redact the identities of the parties and any details which might identify them in the judgment, in order to preserve the confidentiality of the underlying arbitration (2). While the judge acknowledged Radisson's desire to keep the arbitration confidential, this ultimately did not outweigh the general public interest in open justice.
Read moreArbitration jurisdictional challenge no bar to English court ordering compliance with a tribunal peremptory order
The Court of Appeal has found that the English court may grant an order requiring a party to comply with a peremptory order of a tribunal before the determination of an outstanding challenge to jurisdiction of the tribunal.
Read moreGleeson Privies: Can non-parties to an arbitration be estopped by it?
The recent judgment in PJSC National Bank Trust and others v Boris Mints and others(1) clarifies that arbitral proceedings can give rise to an issue estoppel or abuse of process claim against a non-party who is a "privy" of a party to the arbitration. However, the court observed that this would be exceptional given the contractual and confidential nature of arbitration.
Read moreObvious arithmetical error in damages calculation is sufficient for arbitral award to be set aside for procedural irregularity, finds High Court
The High Court has found that an "obvious arithmetical error" in the calculation of damages was a procedural irregularity under s 68 of the Arbitration Act 1996 (the Act) and set aside the relevant part of the award.
Read moreUpdated P.R.I.M.E. Finance Arbitration Rules launched for 2022
P.R.I.M.E Finance, the Hague-based Panel of Recognised International Market Experts in Finance, has launched updated P.R.I.M.E Finance Arbitration Rules (the Rules), which come into force from 1 January 2022.
Read moreTech-driven arbitration? What else can we look forward to in arbitration in the UK?
A look at the past year in arbitration in the UK and what the future holds.
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