Arbitration Law Monthly

In Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd [2018] EWHC 1902 (Comm) Popplewell J discussed a problem raised but not resolved by the Carriage of Goods by Sea Act 1992: is a bank or other holder of a bill of lading bound by an arbitration clause when proceedings are brought against the holder under the legislation?

The decision of Bryan J in Qingdao Huiquan Shipping Cov Shanghai Dong He Xin Industry Group CoLtd [2018] EWHC 3009 (Comm), grantingan interim anti-suit injunction in respect of judicial proceedings in China in apparentbreach of an arbitration clause, raises two matters of interest: jurisdiction togrant an injunction against a third party; and the effect of delay in seeking relief.

Procedures for obtaining evidencevary from jurisdiction to jurisdiction. The US, unlike England, operates a systemof pre-trial depositions whereby potential witnesses are cross-examined and theirtestimony can then be used in the proceedings. Anyone who has been deposed by aUS lawyer will probably not be in a hurry to repeat the experience.

In Eastern European EngineeringLtd v Vijay Construction (Proprietary) Ltd [2018]EWHC 2713 (Comm) the respondents raised a series of jurisdictional and proceduralgrounds for contesting the enforcement of a Paris arbitration award in England.Cockerill J dismissed all of the arguments put forward. The case discusses matterssuch as issue estoppel, want of jurisdiction and unfairness in procedure.