The UNCITRAL Expedited Arbitration Rules were approved by the United Nations Commission on International Trade Law in September 2021. The rules sit as an appendix to the UNCITRAL Arbitration Rules, and they define and regulate a more accelerated arbitration procedure.
In a recent decision by The UK Supreme Court in the case of Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait), whereby the question of which law governed the validity and scope of an arbitration agreement arose before any arbitration had taken place was considered. Take a look at the key takeaways in this article.
In this week’s Commercial Disputes Weekly, the Commercial Court grants a lengthy extension for the time to challenge a consent award for serious irregularity. Another judgment has been added to the long running Prestige dispute between Spain and the vessel owner’s P&I Club.
Enforcement of arbitration awards dominate this week’s Commercial Disputes Weekly, with the Supreme Court’s decision on the applicable law to determining the validity of an arbitration agreement, and the Commercial Court’s views on whether a counterclaim can be brought. Plus the first decision on costs capping orders since the introduction of costs budgeting, and an interesting decision from the Court of Appeal on the “battle of the forms” principle.
This week’s Commercial Disputes Weekly considers an important decision from the Supreme Court on whether a claimant is obliged to plead and prove foreign law, as well as an interesting case for the maritime sector on sanctions clauses in LOUs, and guidance from the TCC on the operation of the new rules on trial witness statements.
In this week’s Commercial Disputes Weekly there are important comments from the Court of Appeal on the enforcement of adjudication awards and whether uncontroverted expert evidence must be accepted, and the Commercial Court considers the effect of breach of an ADR provision.
The decision in CC Construction Ltd v Mincione is also a warning for adjudicators on the importance of considering carefully all defences raised by the parties.
In this week’s Commercial Disputes Weekly look out for an interesting shipbuilding case involving the use of confidential design documents, as well as the Court of Appeal’s comments on estoppel by conduct and guidance on when an adjournment will be granted.
There’s lots to discover in this week’s Commercial Disputes Weekly, including decisions on liability for rent during the covid-19 pandemic, which time zone should be used to determine the date of discharge, and the impact of the Disclosure Pilot on pre-action disclosure applications.
In this week’s Commercial Disputes Weekly look out for two cases on proceedings for contempt of court, what happened when a draft witness statement was shown to the other side before a hearing, and how to draft an unless order.
Join Watson Farley & Williams for our ‘On Site’ Autumn Construction and development legal briefing on 6 October.
The Commercial Disputes Weekly returns with a number of significant recent decisions from the English courts, not least the Supreme Court’s decision regarding the existence of lawful act economic duress in English law. Plus look out for a number of decisions in the maritime sector, as well as advice on how to plead a case of estoppel by convention.
