Arbitration clauses are not always challenged directly. Often, the challenge is more subtle: a claimant brings court proceedings against both the contractual counterparty and an additional defendant who never signed the arbitration agreement, i.e., a non-signatory or third party. The question then becomes whether that party structure is enough to keep the dispute in court. […]
Confidentiality in International Arbitration
Traditionally, confidentiality is one of the perceived advantages of international arbitration as opposed to State court proceedings.[1] The underlying rationale behind confidentiality in international arbitration comes from the need to ensure a “dispassionate dispute resolution process” between the parties.[2] In fact, parties choose international arbitration in order to benefit from a unified, neutral, efficient, and […]
Arbitration of Sanctions-Related Disputes Under English Law
In today’s globalised commercial environment, the increasing use of sanctions as a tool for foreign policy has made sanctions compliance a critical concern for international businesses operating across borders. This note explores how sanctions can affect commercial relationships and examines the arbitration of sanctions-related disputes under English law. Overview of the UK Sanctions Regime The […]
Arbitration of Share Purchase Agreement Disputes Under English Law
Arbitration is an increasingly popular choice for resolving disputes arising from Share Purchase Agreements, offering key advantages such as confidentiality, flexibility, and international enforceability. This note highlights the main benefits of arbitrating disputes concerning Share Purchase Agreements and considers some of the most common claims brought under English law. Benefits of Arbitration The arbitration of […]
English Arbitration Act 2025: Key Reforms
On 24 February 2025, the English Arbitration Act 2025 (the “2025 Act”) received Royal Assent, concluding a four-year reform process to refine and modernise the arbitration law in England and Wales. Procedural History and Accompanying Documents The reform began in March 2021, when the Ministry of Justice tasked the Law Commission with reviewing the English […]