Commercial Disputes Weekly – Issue 1153 May 2022
This week Commercial Disputes Weekly looks at a decision as to whether a contract of carriage can spring up in a receipt bill of lading after novation of the charterparty.
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Commercial Disputes Weekly – Issue 11426 April 2022
This week we consider the impact of an arbitration award on limitation defences and whether planning status should be considered in freehold valuation. We also look at when the court may hand down judgment even after the parties have settled and the ongoing impact of sanctions on dispute resolution.
The 2022 ICSID Rules – What do they mean for Asia?20 April 2022
The 2022 ICSID Rules, which come into effect on 1 July of this year, contain some crucial changes. Asian states and investors should know what they mean and how to use them.
Commercial Disputes Weekly – Issue 1125 April 2022
A financial flavour to this week’s Commercial Disputes Weekly with a look at Events of Default under a loan facility and a decision on the requisite knowledge for a financial services offence. We also cover a judgment that adds to the developing case law in relation to digital currency and another confirming the importance of enforcement of arbitration awards.
Commercial Disputes Weekly – Issue 11022 March 2022
Commodities disputes have kept the courts busy this week and allowed the first reported decision on the implied term that insurers will pay claims within a reasonable period. Commercial Disputes Weekly also looks at a Supreme Court decision on the Housing Act 1985 and a case of enforcement of personal guarantees.
Section 68 challenges: No lower hurdles for Covid-affected cases14 March 2022
This article discusses the decision in Tenke v Katanga where the claimant unsuccessfully challenged an arbitration award for failing on the grounds that the Tribunal rejected an application to adjourn the merits hearing due to Covid-19 related reasons.
Commercial Disputes Weekly – Issue 1048 February 2022
Our latest Commercial Disputes Weekly contains a trio of contract interpretation cases that demonstrate the importance of understanding exactly what you are agreeing to, and a reminder from the Court that in court hearings are the norm once again.
Thai Court Approach to Legal Costs in Arbitration7 February 2022
The article discusses the recent Thai court judgement on recovery of legal costs as awarded by an arbitral tribunal.
In Support of Maritime Arbitrations (Part 2): The courts’ powers to preserve evidence, property and assets and order attendance of witnesses25 November 2021
In the second article of this series, Partner Mike Phillips and Associate Sylvie Allen discuss the courts’ powers under the Arbitration Act 1996 to preserve evidence, property and assets and order the attendance of witnesses in LMAA arbitrations.
Coronavirus Commercial Rent Arbitral Scheme19 November 2021
This highly anticipated publication by the UK government introduces an arbitration scheme in order to resolve the rent arrears for mandated closures and restrictions.
Ready, steady, GO: Newly Introduced UNCITRAL Expedited Arbitration Rules11 November 2021
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.
Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait): A palatable outcome9 November 2021
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.
