i-law

Dispute Resolution

Arbitration Law

Latest update available – Service Issue 96

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Service Issue 96 brings the main work up to date to 2 January 2024. Chapters 1–3, 6–10, 14 and 16–21 have been updated.

Some of the cases discussed in Service Issue 96 include:

 

Arbitration law in 2023: a review of developments in case law

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This review covers, without seeking to be exhaustive, the court decisions and developments in the field of arbitration in 2023. It covers the main cases and trends in England and Wales, as well as in other key common law arbitration seat jurisdictions including Hong Kong SAR and Singapore.

By way of structure, this review analyses cases in a sequence that mirrors the structure and chronology of a dispute resolved through arbitration – ie starting with the commencement of an arbitration and ending with the enforcement of a foreign award by a court. There is also a section on relief granted by courts in aid of arbitration.

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Current issue available

Arbitration Law Monthly

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Arbitration Law Monthly is a specially designed information service that provides you with critical and essential analysis of global arbitration court decisions. Covering a wide range of industries including construction, banking, energy, gas, insurance, oil and shipping, Arbitration Law Monthly offers you a convenient round-up of news, information and analysis in an easy-to-read format.

The latest issue of Arbitration Law Monthly is available here

Dispute Resolution Search

New book available

Arbitration Cause and Third Parties, 1st Edition

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Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties.

Don't forget:

Lloyd's Law Reports: for arbitration-related reports of court decisions

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Lloyd’s Law Reports is the unrivalled source of authoritative content, edited by Professor Robert Merkin KC and Dr Johanna Hjalmarsson, both experts in the maritime and commercial sector. Legal professionals around the globe regard Lloyd’s Law Reports as the leader in providing them with the latest case law and approved judgments.

Access Lloyd's Law Reports on i-law.com, available in our Maritime and Commercial collection of titles.

Arbitration Law Monthly

Unfair arbitration agreements: effect of Consumer Rights Act 2015

Bright J, in two decisions handed down at the end of July 2023, discussed at length the operation of the provisions of the Consumer Rights Act 2015 on consumer arbitrations, and in particular the extent to which arbitration agreements are enforceable against consumers. In Payward Inc and Others v Chechetkin [2023] EWHC 1780 (Comm); [2023] 2 Lloyd's Rep 507 the agreement was held to be invalid, whereas in Eternity Sky Investments Ltd v Zhang [2023] EWHC 1964 (Comm); [2023] 2 Lloyd's Rep 419 the agreement was held to be valid.
Online Published Date:  25 Apr 2024
Appeared in issue:  Vol 24 No 4 - 25 Apr 2024

Appeals: jurisdiction, irregularity and error of law

In an important judgment for professional indemnity insurance, the Court of Appeal has ruled in Royal and Sun Alliance Insurance Ltd and Others v Tughans [2023] EWCA Civ 999; [2023] Lloyd's Rep IR 657, affirming the first instance decision of Foxton J [2022] EWHC 2589 (Comm); [2023] 1 Lloyd's Rep 90, that a firm of solicitors that has earned its fees despite a breach of duty towards its client and possible misrepresentation has a claim under its policy for liability for damages representing the amount of the fees.
Online Published Date:  25 Apr 2024
Appeared in issue:  Vol 24 No 4 - 25 Apr 2024

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