Arbitration Law Monthly

The primary question for the Court of Appeal in Process & Industrial Developments Ltd v Federal Republic of Nigeria [2024] EWCA Civ 790; [2024] 2 Lloyd's Rep 53 was whether the Court of Appeal could give leave to appeal against the judge's order on the currency in which costs were to be paid following the overturning of an award under section 68 of the Arbitration Act 1996. The Court of Appeal held that the bar on the Court of Appeal giving leave to appeal under section 68(4) in respect of decisions under section 68 did not extend to costs orders.

The Court of Appeal had in UK P&I Club NV v Republica Bolivariana de Venezuela (The RCGS Resolute) [2023] EWCA Civ 1497; [2024] 1 Lloyd's Rep 417, upheld the first instance judgment of Sir Ross Cranston, [2022] EWHC 1655 (Comm); [2022] 2 Lloyd's Rep 520, ruling that English law does not permit the grant of an anti-suit injunction against a state which has - in contravention of an arbitration agreement - sought relief in the courts.

The French State v The London Steam-Ship Owners' Mutual Insurance Association Ltd [2023] EWHC 2474 (Comm); [2024] 1 Lloyd's Rep 157 is another decision in a lengthy sequence arising from the pollution damage caused by the grounding of the vessel Prestige off the Spanish and French coasts in 2002.

The decision of Bright J in London Steam-Ship Owners' Mutual Insurance Association Ltd v Trico Maritime (Pvt) Ltd and Others [2024] EWHC 884 (Comm) is a straightforward application of the principle that a third party seeking to bring a direct claim against liability insurers under the terms of the policy is bound by those terms, including arbitration and pay to be paid clauses.

Edward Liu (Partner), Vinca Yau and Lori Ng (Senior Associates), Richard Poon and Aaron Lai (Associates), all members of the dispute resolution team at Haiwen & Partners LLP