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You are here: Home / Archives for United Kingdom Arbitration

English High Court Applies Doctrine of Waiver by Election in Jurisdictional Challenge to ICC Arbitration

10/04/2022 by International Arbitration

Reko Diq arbitration

In Province of Balochistan v Tethyan Copper Co Pty Ltd, the High Court held that Balochistan was precluded from raising a corruption allegation in the English annulment proceedings because it had failed to raise it as a jurisdictional objection in the underlying arbitration proceedings. The High Court further confirmed that by waiver of election, Balochistan […]

Filed Under: United Kingdom Arbitration

Expert Evidence in International Arbitration

27/03/2022 by International Arbitration

Experts in international arbitration

Expert evidence is frequently used in international arbitration. Experts are normally appointed by parties to give their independent opinion on issues beyond the arbitral tribunal’s expertise, such as quantum, delays and “foreign” law, thereby assisting the arbitral tribunal in its decision-making process. Party-Appointed Experts vs. Tribunal-Appointed Experts In international arbitration, there are generally two main […]

Filed Under: International Arbitration Law, United Kingdom Arbitration

A Single Notice of Arbitration Validly Commenced an Arbitration Where There Were Multiple Contracts

21/02/2022 by International Arbitration

Single Notice of Arbitration

The English Commercial Court dismissed a jurisdictional challenge under Section 67 of the Arbitration Act 1996 in LLC Agronefteprodukt v Ameropa AG [2021] EWHC 3473 (Comm) and held that a single Notice of Arbitration validly commenced an arbitration where there were two contracts, each containing a separate arbitration agreement. Background LLC Agronefteprodukt (the “Sellers”) agreed to sell […]

Filed Under: United Kingdom Arbitration

English Court Upholds Arbitration Award of Third-Party Funding Costs

13/02/2022 by International Arbitration

Third party funding costs

In a decision dated 7 December 2021 in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm) (“Tenke v. Katanga”), concerning a challenge under Section 68 of the 1996 Arbitration Act (the “Arbitration Act”) for serious irregularity, the English High Court upheld a 2021 London-seated, ICC arbitration Final Award, in which Tenke […]

Filed Under: ICC Arbitration, Third-Party Funding, United Kingdom Arbitration

Approach to Determining Law of the Arbitration Agreement Further Confirmed by UK Supreme Court

08/01/2022 by International Arbitration

Law of arbitration agreement

In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb, the question of which law governed the validity and scope of an arbitration agreement arose before any arbitration had taken place. Then, in the UK Supreme Court judgment of Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) given on 17 October 2021, a similar […]

Filed Under: United Kingdom Arbitration

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