Arbitration Agreement in UK Law
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Agreement on “non-binding” arbitration not an arbitration agreement
An agreement to submit to non-binding arbitration is not an enforceable arbitration agreement under the English Arbitration Act 1996. The court dismissed an application for stay of English court pr...
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To Go Boldly Beyond the Arbitration Agreement
The English Commercial Court (the Court) has ruled that it does not have the power to make an order for preservation and disclosure of evidence against a non-party to an arbitration agreement. Acco...
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Enforcement of an Award Adjourned Against a Non-Party to an Arbitration Agreement
Parties should avoid uncertainties by stipulating the applicable law to the arbitration agreement. The decision in J (Lebanon) v. K (Kuwait) provides a useful analysis of which law (i.e., the la...
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UK Supreme Court Issues Guidance on the Governing Law of an Arbitration Agreement: Enka v Chubb
INTRODUCTION - On 9 October 2020, the UK Supreme Court decision in Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 provided welcome clarity as to the English law principles ...
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Fire At Russian Power Plant Sparks UK Supreme Court Decision On Arbitration Agreement Law
The UK Supreme Court has recently set out the principles to determine the proper law of an arbitration agreement. While it remains the case that parties are free to choose the systems of law that w...
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Commercial Court in London Grants Anti-Suit Injunction for Breach of Arbitration Agreement
The Commercial Court in London recently granted an anti-suit injunction in order to halt Lebanese legal proceedings brought in breach of an English arbitration agreement: Perkins Engines Company Lt...
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Cleary Gottlieb Discusses UK Supreme Court Decision on Law Governing Arbitration Agreement
In an important decision for arbitration users, the U.K. Supreme Court has clarified how English law will determine the governing law of an arbitration agreement which provides for an English seat ...
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Unnamed principal can sue under arbitration agreement for foreign law remedy
An unnamed disclosed principal of a party to a shareholders’ agreement (SHA) could sue under an arbitration agreement; the tribunal could also order a buy-out of shares of a foreign company, despit...
- NHBC - No Enforceable Arbitration Agreement
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U.K. Supreme Court provides welcome clarity on how to determine the governing law of an arbitration agreement
In its recent decision in Enka v Chubb [2020] UKSC 38, the U.K. Supreme Court has provided a high degree of clarity on the test to be applied to determine the governing law of an arbitration agreem...
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