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Dispute Resolution

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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Arbitration Law

Service Issue 95 (November 2023) now available

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Service Issue 95 (November 2023) brings the main work up to date to 5 August 2023. Chapters 1-3, 5, 8-9, 11, 14-15 and 18-21 have been updated. 

Some of the cases discussed in Service Issue 95 include:

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

Investment arbitration under ICSID: recognition and enforcement of ICSID awards

Infrastructure Services Luxembourg Sàrl v Kingdom of Spain [2023] EWHC 1226 (Comm); [2023] 2 Lloyd's Rep 299 was an application by the Kingdom of Spain to set aside an order of Cockerill J dated 29 June 2021, made on an ex parte application, whereby an arbitration award made in favour of the claimants under the International Centre for Settlement of Investment Disputes (ICSID) Convention was registered and thus to be recognised and enforced.
Online Published Date:  28 Feb 2024
Appeared in issue:  Vol 24 No 2 - 28 Feb 2024

Serious irregularity: exclusion or disregard of evidence

In Cipla Ltd v Salix Pharmaceuticals Inc [2023] EWHC 910 (Comm) the claimant asserted that a tribunal had excluded evidence on the wrongful ground that the issue between the parties was not live. Dame Clare Moulder dismissed the appeal under section 68 of the Arbitration Act 1996, holding that the reason that the evidence was excluded was because it had been introduced too late. The judgment, which is mainly factual, nevertheless contains some interesting observations on allegations that evidence has been overlooked by the tribunal.
Online Published Date:  28 Feb 2024
Appeared in issue:  Vol 24 No 2 - 28 Feb 2024

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