Tag Archives: UK

Conflict of interest risks for counsel in international arbitration

Decision of the Solicitors Disciplinary Tribunal of 18 July 2017, case No. 11592-2016 In its decision of 18 July 2017, the English Solicitors Disciplinary Tribunal, the equivalent in France of the conseil de discipline des avocats, ordered a prestigious law firm and one of its partners to pay a substantial fine for not having identified […]

English court ruling on the extent and limits of the role of the Secretary of the Arbitral Tribunal

Decision of 9 February 2017 of the Commercial Court of the High Court of Justice (Queen’s Bench Division), made by Mr. Justice Popplewell (Case No. CL-2016-61). On 9 February 2017, the English High Court had an opportunity to rule on the question of the role of the Secretary of the Arbitral Tribunal. Recently, the question […]

England and Wales High Court partially relies on IBA Guidelines on Conflicts of Interest to grant removal application

Sierra Fishing Company & Others v. Farran & Others – [2015] EWHC 140 (Comm) In a judgment issued on 30 January 2015, the England and Wales High Court of Justice accepted an application to remove an arbitrator by partially relying on the IBA Guidelines on Conflicts of Interests. The facts of the case at issue […]

Enforcement order of an award set aside by the English High Court on the basis of Sections 103(2)(c) and (f) of the 1996 Arbitration Act

In a judgment dated 19 February 2015, the High Court of England and Wales set aside an order to enforce an award under the New York Convention on the basis of Sections 103(2)(c) and (f) of the 1996 Arbitration Act and thus declined enforcement of this award. On 4 November 2000, Malicorp Ltd. (“Malicorp”), a […]

English Commercial Court declines enforcement of an award under the New York Convention using the doctrine of issue estoppel

In a judgment dated 22 May 2014, the Commercial Court of England and Wales refused enforcement of an award under the New York Convention using the doctrine of issue estoppel which prevents an issue that has already been litigated on the merits from being litigated a second time. We understand that this is the first […]

UK: Conditional award admitted as final award

Konkola Copper Mines vs U&M Mining Zambia Ltd, [2014] EWCH 2374 (Comm) On 15 July 2014, the Commercial Court of the High Court of Justice in London rejected applications made under Sections 67 and 68 of the Arbitration Act to challenge an award rendered in an arbitration between U&M Mining Zambia Ltd (“U&M”) and Konkola […]

UK High Court: Award remitted to an arbitral tribunal for serious irregularity which has caused or will cause substantial injustice

Brockton Capital LLP v Atlantic-Pacific Capital Inc, Inc, 7 may 2014 [2014] EWHC 1459 On 7 May 2014, in Brockton Capital v Atlantic-Pacific Capital, the High Court of Justice of England and Wales has ruled that an arbitral tribunal, by dealing with an issue of which one of the parties had had no notice and […]