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English Court Refuses Stay Under Escrow Agreement

The English High Court refuses a stay to arbitration in circumstances where an escrow agreement contains an arbitration agreement.

Non-Party Cannot be Compelled to Give Evidence

The English Court rules that it does not have the power to compel a witness to give evidence in a New York-seated arbitration because he was not a party to the underlying arbitral agreement.

The Legal Impacts of the Coronavirus Outbreak

A number of law firms have published articles dealing with the legal impacts of the coronavirus outbreak. This post brings a few of them together, highlighting the key issues for businesses.

English Report Shows Decline in s.68 and s.69 Applications

A recent report from the UK judiciary indicates a reduction in applications brought under s.68 (challenge to award on the ground of serious procedural irregularity) and under s68 (appeals on a point of law).

Disclosure Requirement Upon Change of Expert

The English High Court confirms the default position of requiring disclosure of a first expert’s report or draft report where a party seeks to change experts without good explanation.

Subpoenas in Aid of Arbitration Proceedings

The Malaysian High Court considers the test for an application to subpoena a witness to produce documents for the purpose of an arbitration and give evidence in arbitration proceedings.

English Court Dismisses s.67 Jurisdiction Challenge to Award

The English High Court deals with an application to set aside an award under s.67 of the Act on the ground that there was no arbitration agreement between the parties.

Survey of International Arbitration in Construction Disputes

Pinsent Masons publish their 2019 International Arbitration in Construction survey; an in-depth analysis that should assist clients and practitioners in evaluating what steps might be taken to optimise the arbitral process with a view to resolving disputes more efficiently.

Arbitrium Newsletter No. 8 – 2 February 2020

This month, Arbitrium brings you a range of cases including, from Singapore, the Court of Appeal’s decision in BXS v BNY (overturning the High Court on the question of the right seat of arbitration), and a High Court decision dealing with the public policy ground of objection and time limits ; a raft of cases from England, including a CA decision concerning the governing law of an arbitration agreement and consideration of no oral modification provisions; and an interesting link to the “Disputes Clause Finder”, an online tool which provides users with tailored dispute resolution clauses.

Privy Council Refuses to Set Aside Award on Natural Justice & Public Policy Grounds

The Privy Council (on appeal from Mauritius) upholds a decision of the Supreme Court of Mauritius which refused to set aside an arbitral award on the basis of alleged breaches of natural justice and public policy.

CA upholds English Law as Express Choice of Law & Considers Oral Modification provisions

The English CA considers the governing law of an arbitration agreement and whether the respondent became a party to the main agreement and/or the arbitration agreement notwithstanding the presence of No Oral Modification provisions in the main contract.

English Court Confirms Power of LCIA Tribunal to Correct Award

The English court extends time and then confirms that the LCIA Tribunal has power to correct award under Article 27.1 of the LCIA Rules.

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