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Arbitration Law Monthly RSS feed

Error of law: meaning of error of law, and effect of costs award

Online Published Date : 23 June 2020 | Appeared in issue: Vol 20 No 06 - 23 June 2020

In Martin v Harris [2019] EWHC 1962 (Ch) and Martin v Harris (No 2) [2019] EWHC 2735 (Ch), Michael Green QC discussed two important questions relating to appeals on points of law under section 69 of the Arbitration Act 1996: what is an error of law, and if an award is set aside what is the fate of the costs award relating to the substantive award?

Anti-suit injunctions: the law applicable to arbitration agreements

Online Published Date : 23 June 2020 | Appeared in issue: Vol 20 No 06 - 23 June 2020

The decision of a very powerful Court of Appeal in Enka Insaat ve Sanayi AS v OOO “Insurance Company Chubb” [2020] EWCA Civ 574, overturning the detailed judgment of Andrew Baker J at first instance, is a landmark decision on two matters: how is the law applicable to an arbitration clause to be determined; and in what circumstances will an English court exercise its power to grant an anti-suit injunction where the seat of the arbitration is in England? The reasoned judgment was given by Popplewell LJ, with whom Flaux and Males LJJ agreed.