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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

Dismissing Stale Claims for Want of Prosecution in International Arbitration

09/10/2021 by International Arbitration

Stale claims international arbitration (1)

Under English law, if a claimant unreasonably delays the prosecution of its claims, the arbitral tribunal has discretion to dismiss them for “want of prosecution” (or to take less drastic measures to “penalize” the claimant, for instance, in terms of costs, interest or the conduct of the proceedings). Yet, it will normally not do so, […]

Filed Under: Shipping Arbitration, United Kingdom Arbitration

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