UNITED KINGDOM Arbitration Review 2012
|
|
- Gyles Gallagher
- 5 years ago
- Views:
Transcription
1 Page 1 UNITED KINGDOM Arbitration Review 2012 AUDLEY SHEPPARD Clifford Chance LLP As of 1 November 2011, a search of the LAWTEL 1 database of decisions of the English courts using the keyword arbitration returned a list of 61 decisions, an increase from the 58 decisions generated by an identical search for the first ten months of In general, the cases continue to demonstrate a supportive attitude towards arbitration, although the Dallah decision has generated considerable comment. This summary highlights some of the most significant decisions during 2011 impacting upon England s attractiveness as a forum for the resolution of international arbitral disputes. AUTHOR PROFILE UK anti-discrimination legislation does not extend to the appointment of arbitrators In July 2011, the Supreme Court reversed the controversial decision of the Court of Appeal in the Jivraj v Hashwani 2 case, embracing party autonomy and ending months of uncertainty regarding the validity of arbitration agreements imposing faith or nationality qualifications on the choice of arbitrators. Jivraj v Hashwani concerned an English-law governed agreement providing for arbitration in London before arbitrators who were respected members of the Ismaili community. When a dispute arose, one party sought to appoint a retired High Court judge and non-member of the Ismaili community as an arbitrator, contending that the provision was unlawful because it contravened the Employee Equality (Religion and Belief) Regulations 2003 (the Regulations) (now replaced by the Equality Act 2010), as interpreted in light of EC Directive 2000/78/EC. This was resisted by the other side. Referring to the wide definition of employment under the Regulations as employment under...a contract personally to do any work, the Court of Appeal held that arbitrators were employees for the purposes of UK anti-discrimination legislation. Accordingly, any provision that required an arbitrator to be, or not to be, of a certain religion was prima facie discriminatory and unenforceable. Under the Regulations, discrimination may be justifiable if membership of a particular religion or belief is a proportionate and genuine occupational AUDLEY SHEPPARD is a Partner with Clifford Chance, London. Audley s experience lies in International Commercial Arbitration and International Law. He has many years experience in the resolution of disputes arising out of major infrastructure projects and international contracts, as counsel and arbitrator. Audley is Co-chair, International Bar Association arbitration committee; Visiting professor, Queen Mary School of Arbitration, London; Member, ICC Commission on arbitration; Fellow of the Chartered Institute of Arbitration audley.sheppard@cliffordchance. com
2 Page 2 requirement. While conceding that a religious requirement could be a genuine occupational requirement where an agreement empowered the tribunal to act ex aequo et bono, the Court of Appeal held that no religious qualification was needed where a tribunal was mandated to resolve a dispute in accordance with English law. A requirement that arbitrators be members of the Ismaili community was therefore not a justifiable exception. With the Ismaili requirement deemed unenforceable, the legality of the entire arbitration agreement was called into question. The Court of Appeal held that deleting the offending requirement would render the arbitration agreement substantially different from that which the parties originally intended, rendering the whole agreement void. Without a binding arbitration agreement, the parties would have to resolve their differences in court. The potential consequences of this decision stretched beyond religious community arbitrations and English borders. Although the Jivraj case was ostensibly a case relating to a faith requirement for arbitrators - a criterion rarely used in the international arbitration context - its significance became immediately apparent. The definition of employment under the Regulations applies equally to all areas of anti-discrimination law, including nationality, thus putting into doubt the legality of existing arbitration agreements containing this commonplace criterion (whether expressly or by incorporation of institutional arbitration rules, such as the LCIA Rules). While it remained good law, the Court of Appeal s decision cast a shadow over the recognition and enforcement of many international arbitration agreements and awards in England and there was real concern that it could lead to foreign courts doing likewise. This led to parties opting out of the nationality provisions in institutional rules....restoring the status quo and soothing the concerns of arbitration users and practitioners alike, the Supreme Court disagreed with the Court of Appeal and overturned the decision, holding that arbitrators are not employees for the purposes of the Regulations... Restoring the status quo and soothing the concerns of arbitration users and practitioners alike, the Supreme Court disagreed with the Court of Appeal and overturned the decision, holding that arbitrators are not employees for the purposes of the Regulations. Following a detailed analysis of EU case law, the court decided that whether an individual is engaged in employment under a contract personally to do work depended on the nature of the relationship between the parties. Arbitrators are independent providers of services: the arbitrator-parties relationship lacks the element of subordination or control which defines an employee-employer bond.
3 Page 3 This decided the appeal, but the Supreme Court also addressed (obiter) the corollary question of whether parties could legitimately stipulate that arbitrators possess specific religious beliefs (or, by extrapolation, a specific national identity or should not have a specific national identity). The Supreme Court found the Court of Appeal s approach to the genuine occupational requirement exception to be too legalistic and technical: the test was not one of necessity but whether the requirement was genuine, legitimate and justified. The Supreme Court recognised that parties may have more confidence in arbitral proceedings conducted within their own religious communities, making a requirement that the arbitrators be members of the Ismaili community both legitimate and justified. Party autonomy prevailed. That is not to say, however, that parties are now free to discriminate in drafting qualifications for arbitrators in a way that society may find repugnant. As was stated at the hearing, the court retains its inherent jurisdiction to strike down any clause which is contrary to public policy. The Supreme Court s decision ensures that common sense has been restored. Parties can be confident once more in choosing England as the arbitral seat and need not amend their arbitration agreements to opt out of any nationality provisions in their chosen institutional rules. Further, members of faith-based communities may stipulate that arbitrators shall also be members of that community, even where national laws are to be applied. Recognition and enforcement of arbitral awards: an Anglo-French affair The kompetenz-kompetenz principle came under scrutiny this year in the context of seemingly opposing decisions of the English and French courts regarding the recognition and enforcement of arbitral awards. In Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan, 3 the Supreme Court refused to recognise an ICC arbitral award resulting from proceedings in Paris on the grounds that the party against whom enforcement was sought was not a party to the underlying arbitration agreement. The Paris Court of Appeal reached the contrary conclusion, 4 holding the award to be enforceable. The kompetenzkompetenz principle came under scrutiny this year in the context of seemingly opposing decisions of the English and French courts regarding the recognition and enforcement of arbitral awards The dispute in Dallah concerned an agreement to provide housing for Hajj pilgrims in Mecca. Although initially involved in the negotiations, Pakistan s
4 Page 4 Ministry of Religious Affairs created a trust to undertake the project. On its face, the trust, and not the government, entered into an arbitration agreement allowing for disputes to be resolved by the ICC in Paris. Following political upheaval in Pakistan in 1996, the trust came to an end. When disputes in relation to the performance of the project arose, arbitral proceedings were brought against the government. Despite the government not being a signatory to the agreement to arbitrate, the tribunal held that the government was bound by the agreement under French law and made an award accordingly. Attempts to enforce the award under the New York Convention 5 in England proved unsuccessful. The Supreme Court emphasised that, on recognition, an English court is bound to revisit the question of the tribunal s jurisdiction if the party resisting enforcement seeks to prove that there was no arbitration agreement binding upon it; the last word on a tribunal s jurisdiction lay with the court of the place of enforcement. A clean slate approach to the question was adopted; giving a tribunal s judgment some special status [was] to beg the question at issue. 6 The Supreme Court concluded that, because there was no express governing law provision in the arbitration agreement, the question of whether the government was a party to the agreement was to be determined in accordance with the law of the arbitral seat, namely French law. Proceeding on this basis, the Supreme Court resolved that French law ultimately required evidence of a common intention by the parties for the government to be bound by the arbitration agreement. Highlighting a clear change in the structure of the proposed transaction, and the independence of the trust, the court held that the requisite intention was lacking on the facts of the case. The government of Pakistan had not agreed to submit to the jurisdiction of the tribunal and enforcement was therefore refused in accordance with article V(1)(a) of the New York Convention. The Paris court, however, disagreed and enforced the award, holding that the government was indeed a party to the arbitration agreement. Placing particular emphasis on the active role of the government throughout the negotiation, performance and eventual termination of the project, the court concluded that the Ministry had behaved as if it were the true counterparty in the deal, thereby rendering itself bound by the arbitration agreement. Attempts to enforce the award under the New York Convention 5 in England proved unsuccessful. The Supreme Court emphasised that, on recognition, an English court is bound to revisit the question of the tribunal s jurisdiction if the party resisting enforcement seeks to prove that there was no arbitration agreement binding upon it; the last word on a tribunal s jurisdiction lay with the court of the place of enforcement.
5 Page 5 Despite reaching differing conclusions, both courts seem to have adopted the same approach to identifying the relevant test under French law to determine whether or not the arbitral tribunal had the requisite jurisdiction to hear the dispute. Both courts arguably embraced a clean slate approach. Whether the parties had consented to participate in the arbitral proceedings was analysed by both courts, not merely presumed as a result of the tribunal s own findings. Where the courts ultimately differed was in the conclusions they reached on the facts of the case. Notwithstanding the actual decisions, both judgments adhere to the underlying tenets of the New York Convention: for awards to be recognised and enforced, the tribunal must have jurisdiction. Court s willingness to grant anti-suit injunctions outside the EU Questions of jurisdiction were also raised in AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC, 7 this time in the context of anti-suit injunctions. The Court of Appeal showed a willingness to protect the rights of parties under arbitration agreements and granted an anti-suit injunction restraining litigation in the Republic of Kazakhstan in circumstances where arbitration had not yet commenced and both parties abjured any intention to arbitrate. This case concerned the enforceability of an English arbitration clause in a concession agreement governed by Kazakhstan law between the owner and operator of hydroelectric facilities in the Republic of Kazakhstan. As relationships between the parties worsened, a number of proceedings were commenced in the Kazakhstan courts. Following a decision by the Kazakhstan courts that the arbitration agreement was invalid, legal proceedings were issued in England. Among other things, an anti-suit injunction was sought, under either section 44 of the Arbitration Act 1996 or section 37 of the Senior Courts Act 1981, to prevent the owner from raising disputes falling within the arbitration clause in court proceeding in Kazakhstan. The application was resisted, on the basis that a party cannot seek a declaration or an injunction in the English courts without first commencing arbitration proceedings, or having the intention to commence arbitration proceedings. Questions of jurisdiction were also raised in AES Ust-Kamenogorsk Hydropower Plant LLP v Ust- Kamenogorsk Hydropower Plant JSC, 7 this time in the context of antisuit injunctions. The Court of Appeal affirmed that English courts have jurisdiction to grant
6 Page 6 declarations and continue anti-suit injunctions preventing proceedings outside the EU, regardless of whether there were no actual or intended arbitration proceedings, where an arbitration clause stated that disputes between the parties were to be governed by, and construed in accordance with, English law. The court highlighted that it was now common ground that section 44 of the Arbitration Act 1996 could not be used as a basis for a claim unless current or prospective arbitral proceedings existed. However, section 37 of the Senior Courts Act 1981 supplemented the courts jurisdiction to grant anti-suit injunctions in order to uphold the effectiveness of arbitration agreements. 8 As a result, an anti-suit injunction was possible on the facts of the case. It was deemed unnecessary for parties wishing to raise an issue of the effectiveness of an arbitration clause to first commence arbitration proceedings. The court, however, was careful to point out that any court asked to grant an anti-suit injunction must tread a fine line between providing adequate support for the parties agreement and avoiding the usurpation of the role of arbitrators: a positive declaration on the binding nature of an arbitration agreement may sometimes be seen to overstep the court s jurisdiction in answering a question which should be left for an arbitral tribunal in the future. Jurisdiction to grant anti-arbitration injunctions Treading on the heels of Dallah and AES, the High Court granted an exceptional injunction refraining ICC arbitration proceedings in New York in the recent decision of Excalibur Ventures LLC v Texas Keystone Inc. 9 The facts of this case are complex, involving parallel proceedings in London and New York as well as numerous claims in both contract and tort. An arbitration agreement was contained in a collaboration contract relating to oil and gas exploration rights in Iraqi Kurdistan. In December 2010, Excalibur Ventures LLC (Excalibur) commenced arbitration proceedings in New York against Texas Keystone LLC (Texas) and various other petroleum entities (the Gulf defendants). At the same time Excalibur initiated parallel legal proceedings in the English Commercial Court. Treading on the heels of Dallah and AES, the High Court granted an exceptional injunction refraining ICC arbitration proceedings in New York in the recent decision of Excalibur Ventures LLC v Texas Keystone Inc. 9 The Gulf defendants challenged the jurisdiction of the arbitral tribunal, arguing
7 Page 7 that they were not party to the collaboration contract between Excalibur and Texas, and were therefore not bound by the arbitration agreement within it. Excalibur responded that it was for the ICC tribunal to determine whether the Gulf defendants were bound by the arbitration agreement, in accordance with the kompetenz-kompetenz principle, and that any appeal should be to the New York courts in light of their supervisory jurisdiction. Relying on the decision of the Supreme Court in Dallah, the High Court concluded that the English courts have jurisdiction to order anti-suit injunctions refraining arbitral proceedings where the issue in dispute is whether a party is bound by an arbitration agreement. In exceptional circumstances, section 37 of the Senior Courts Act 1981 empowers the English courts to grant injunctions restraining arbitrations with a foreign arbitral seat. On the facts of the case, the court found it appropriate to grant the antiarbitration injunction and for the issue of arbitrability to be decided by the Commercial Court, as opposed to the arbitral tribunal. It held that allowing the New York arbitration to continue against the Gulf defendants would be oppressive, vexatious and unconscionable. In reaching this decision, the judge emphasised, among other things, that the Gulf defendants were not party to the collaboration contract containing the arbitration agreement, had no connection to New York or the ICC, and that Excalibur had elected also to commence substantive proceedings before the English Commercial Court. Despite no dispute arising regarding the existence of the arbitration agreement between Texas and Excalibur, as between themselves, the anti-suit injunction applied to all arbitral proceedings in New York. The court held that all parties had submitted to the jurisdiction of the English courts allowing all inter-related claims to be heard in a single set of proceedings. The circumstances of the case itself are unusual due to its crossjurisdictional nature, and it is unclear to what extent the case will impact on future judicial decisions. However, it may evidence a willingness on the part of some judges to closely supervise questions of arbitral jurisdiction. The circumstances of the case itself are unusual due to its cross-jurisdictional nature, and it is unclear to what extent the case will impact on future judicial decisions. However, it may evidence a willingness on the part of some judges to closely supervise questions of arbitral jurisdiction.
8 Page 8 Unfair prejudice (in company law) and arbitration proceedings In Fulham Football Club (1987) Ltd v Sir David Richards, 10 the Court of Appeal held that there was no express provision in the Arbitration Act 1996 or Companies Act 2006 which prevented a claim of unfair prejudice from being determined by arbitration. Combined, the effect of an arbitration agreement and section 9(4) of the Arbitration Act 1996 was to exclude the right to bring legal proceedings on the same subject matter, unless a statutory exception applied. The case concerned an appeal against a decision under section 9 of the Arbitration Act 1996 to stay a petition for unfair prejudice pursuant to section 994 of the Companies Act 2006 arising out of the allegedly inappropriate behaviour of the chairman of The Football Association Premier League Limited (FAPL). The chairman was accused of facilitating the transfer of a Premier League football player from one club to another to the prejudice of a third. By way of relief, the injured club sought, inter alia, an injunction restraining the chairman from acting as an unauthorised agent or from participating in any way in negotiations regarding the transfer of players. The chairman and FAPL applied for a stay of proceedings on the basis that the various governing rules of the sport required the dispute to be referred to arbitration. Dismissing the application, the Court of Appeal found that questions of unfair prejudice, whether resulting from a breach of contract or some other form of unconscionable behaviour, were plainly arbitrable. A section 994 claim did not attract such a degree of state intervention or public interest as to make it inappropriate for disposal other than by judicial process. The court held that no statutory provision or rule of public policy would prevent an arbitral tribunal from determining an essentially contractual dispute between the parties. Other developments The case concerned an appeal against a decision under section 9 of the Arbitration Act 1996 to stay a petition for unfair prejudice pursuant to section 994 of the Companies Act 2006 arising out of the allegedly inappropriate behaviour of the chairman of The Football Association Premier League Limited (FAPL). This year saw the publication of Commercial Arbitration: The Scottish International Perspectives by Hong-Lin Yu (Dundee University Press) and Third Parties in Commercial Arbitration by Stavros Brekoulakis (OUP). The LCIA has had 205 referrals (arbitration and mediation) filed up to the end
9 Page 9 of October 2011, which is a slight decrease from the 216 filed for the same tenmonth period last year also marked another step by the LCIA in its pursuit of new horizons. By an agreement with the government of the Republic of Mauritius and a specially incorporated Mauritian company, the LCIA-MIAC Arbitration Centre was established. Notes * The author is grateful for the assistance of Carla Lewis and Josie Ainley in preparing this article LAWTEL database, available from Sweet & Maxwell at [2011] UKSC 40. [2010] UKSC 46. Government of Pakistan v Dallah, case no: 09/28533, Paris Court of Appeals, France. New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). Per Lord Saville at para159, [2010] UKSC 46. [2011] EWCA Civ The court took pains to emphasise that whilst section 37 of the Senior Courts Act 1981 could be used to grant an anti-suit injunction on the facts of the case, this section could not be relied upon where a dispute falls squarely within the parameters of section 44 of the Arbitration Act [2011] EWHC [2011] EWCA Civ also marked another step by the LCIA in its pursuit of new horizons. By an agreement with the government of the Republic of Mauritius and a specially incorporated Mauritian company, the LCIA-MIAC Arbitration Centre was established. "This article was first published in the Global Arbitration Review special report, The European & Middle Eastern Arbitration Review
10 CONTACT DETAILS PO BOX VICTORIA STREET WEST AUCKLAND 1142 NEW ZEALAND Phone: (09) Fax: (09) CONTRIBUTIONS Contributions to ReSolution are welcome. ReSolution is published four times a year in March, June, September and December. Readers are invited to submit material to be considered for publication by to the editor at editor@nzdrc.co.nz. Contributions may consist of articles, case notes, book reviews, news of forthcoming events and other matters of interest to readers. Contributors are entirely responsible for the accuracy of case names and citations, quotations and other references, spelling etc. All contributions should be in final form and in word format. COPYRIGHT This issue of ReSolution and all material and information contained herein are subject to the full protection given by the Copyright Act In many cases the copyright of individual articles remains the property of the author and articles and commentaries should not be reproduced without first obtaining the express authorisation of the relevant third party copyright owner concerned. If you are in any doubt as to whether a proposed use is covered by this licence please consult the Editor. DISCLAIMER: ReSolution is published by NZDRC and NZIAC. ReSolution is a newsletter and does not purport to provide a comprehensive analysis of the subjects covered or to constitute legal advice. ReSolution is intended to promote and engender discussion, debate, and consideration of all matters in relation to the development and application of the law, the resolution of disputes, and the processes that are used for the resolution of those disputes. Articles, commentaries and opinions are intended to raise questions rather than to be emphatic statements on the subjects covered and the views expressed are the views of the author and are not necessarily those of the directors, servants and agents of NZDRC or NZIAC. Information published is not guaranteed to be correct, current or comprehensive and NZDRC and NZIAC accept no responsibility for the accuracy of any information published in ReSolution and no person should act in reliance on any statement or information contained in ReSolution. Readers are specifically advised that specialist legal advice should be sought in relation to all matters in relation to, or in connection with, the subjects covered and articles published in ReSolution.
LAW GOVERNING ARBITRATION HAS CLOSEST CONNECTION TO LAW OF THE SEAT - Joachim Delaney
Page 1 LAW GOVERNING ARBITRATION HAS CLOSEST CONNECTION TO LAW OF THE SEAT - Joachim Delaney The Court of Appeal has upheld the first instance decision in Sulamerica Cia Nacional de Seguros SA v Enesa
More informationWHEN IS A MEDIATION AGREEMENT ENFORCEABLE? - Thomas G. Heintzman
Page 1 WHEN IS A MEDIATION AGREEMENT ENFORCEABLE? - Thomas G. Heintzman One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable
More informationSpain Reforms Arbitration Act
Page 1 Spain Reforms Arbitration Act Calvin A. Hamilton Gabriela M. Torres Cutting edge for its time, the Spanish Arbitration Act of 2003 (the AAct) 1 was a blend of the UNCITRAL Model Law, the ICC Rules
More informationWHEN IS A FULL AND FINAL SETTLEMENT NOT THE END? - Abigail Silver
Page 1 WHEN IS A FULL AND FINAL SETTLEMENT NOT THE END? - Abigail Silver In two recent decisions 1 the Court has emphasised its readiness to look behind the "full and final" wording of a settlement agreement
More informationINSTRUCTIONS MATTER - Magda Di Vincenzo & Owain Stone
Page 1 Background ADMISSIBILITY OF EXPERT REPORTS: INSTRUCTIONS MATTER - Magda Di Vincenzo & Owain Stone Welker & Ors v Rinehart & Anor., Supreme Court of NSW (No6) [2012] NSWSC 160 The Plaintiffs in these
More informationAnti-Suit Injunctions Overview
Anti-Suit Injunctions Overview ICC Lex Mercatoria Minsk, 28 November 2014 Maria Gritsenko Roadmap Anti-suit injunctions By the courts example of England Legal Basis and Test Intra-EU Position West Tankers
More informationAnti-suit Injunctions: Expanding Protection for Arbitration under English Law
169 Anti-suit Injunctions: Expanding Protection for Arbitration under English Law Jamie Maples and Tim Goldfarb* Introduction Where parties have agreed to resolve a particular dispute through arbitration,
More informationCan t get no satisfaction
G Brian Hutchinson School of Law, University College Dublin BIICL Comparative Practitioner Workshop on International Arbitration, London 19 April 2012 1 Can t get no satisfaction 2 Relevant Provisions
More informationConstruction Contracts: No implied obligation to get on with it
BuildLaw - Issue 13 - No Implied Obligation to get on with it 1 Construction Contracts: No implied obligation to get on with it An issue that regularly crops-up in practice, but rarely before the courts,
More informationJurisdictional Issues Relating to Challenges and the New York Convention Fictions, Failures and Finality a Choice of Remedies
25 Jurisdictional Issues Relating to Challenges and the New York Convention Fictions, Failures and Finality a Choice of Remedies by Hilary Heilbron Q.C.* ABSTRACT The Article examines the option of a party
More informationTHE PERILS OF CONDITIONS IN SALE AND PURCHASE AGREEMENTS - Victoria Whitfield
BuildLaw - Issue No 15 September 2012 1 THE PERILS OF CONDITIONS IN SALE AND PURCHASE AGREEMENTS - Victoria Whitfield Recently, we were presented with a situation where a client had identified issues with
More informationDISCLAIMER IN EXPERT REPORT DOES NOT VOID ADJUDICATION DETERMINATION - Charles Brannen
DISCLAIMER IN EXPERT REPORT DOES NOT VOID ADJUDICATION DETERMINATION 1 DISCLAIMER IN EXPERT REPORT DOES NOT VOID ADJUDICATION DETERMINATION - Charles Brannen The Supreme Court of NSW has determined that
More informationDallah and the New York Convention
Dallah and the New York Convention Kluwer Arbitration Blog April 7, 2011 Gary Born (Wilmer Cutler Pickering Hale and Dorr LLP) Please refer to this post as: Gary Born, Dallah and the New York Convention,
More informationWebsite Disclaimer. by SEQ Legal
Website Disclaimer by SEQ Legal Website disclaimer 1 (1) Introduction This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. 2 If you disagree with any
More information1. What are the current challenges to enforcement of multi-tiered dispute resolution clauses?
England Simon Hart RPC London Simon.Hart@rpc.co.uk Law firm bio 1. What are the current challenges to enforcement of multi-tiered dispute resolution clauses? There are two key challenges a party may face
More informationBRIEFING NIL BY MOUTH? EXCLUDING ORAL VARIATION OF CONTRACTS MAY 2018
BRIEFING NIL BY MOUTH? EXCLUDING ORAL VARIATION OF CONTRACTS MAY 2018 THE UK SUPREME COURT HAS OVERTURNED THE DECISION OF THE COURT OF APPEAL, AND DETERMINED THAT NO ORAL MODIFICATION CLAUSES ARE EFFECTIVE
More informationEnglish jurisdiction clauses should commercial parties change their approach?
Brexit legal consequences for commercial parties English jurisdiction clauses should commercial parties change their approach? February 2016 Issue in focus In our first Specialist paper on the legal consequences
More informationData Protection Bill: Collective Redress
Bill Committee Evidence Data Protection Bill: Collective Redress Which? is the largest consumer organisation in the UK with more than 1.7 million members and supporters. We operate as an independent, a-political,
More informationThe Brussels I Recast - some thoughts
The Brussels I Recast - some thoughts Nicholas Pointon, Barrister, St John s Chambers Published on 11 June 2014 Introduction 1. Those who practise in this area will be very familiar with the existing Brussels
More informationCLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP
CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP SCXP/C1458/04790/HNM 16 February 2000 The Bond Market Association 40 Broad Street New York NY 10004-2373 USA Dear Sirs Cross-Product Master Agreement 1. INTRODUCTION
More informationINTERNATIONAL ARBITRATION QUARTERLY
International Arbitration June 2012 INTERNATIONAL ARBITRATION QUARTERLY The new CIETAC Arbitration Rules 2012: implications for arbitrations in the PRC China International Economic and Trade Arbitration
More informationMyths of Brexit. Speech at Brexit Conference in Hong Kong. The Right Honourable Lord Justice Hamblen. 2 December 2017
Myths of Brexit Speech at Brexit Conference in Hong Kong The Right Honourable Lord Justice Hamblen 2 December 2017 This was a Conference organised by the Hong Kong Department of Justice entitled: Impact
More informationGeneral Assembly. United Nations A/CN.9/SER.C/ABSTRACTS/109. Contents. United Nations Commission on International Trade Law * *
United Nations A/CN.9/SER.C/ABSTRACTS/109 General Assembly Distr.: General 7 June 2011 Original: English United Nations Commission on International Trade Law CASE LAW ON UNCITRAL TEXTS (CLOUT) Contents
More informationGOVERNING LAW AND JURISDICTION CLAUSES Q&A: US (NEW YORK)
by Ronald R. Rossi, Kasowitz Benson Torres LLP This document is published by Practical Law and can be found at: uk.practicallaw.com/w-006-6180 To learn more about legal solutions from Thomson Reuters,
More informationAstro v. Lippo: Hong Kong Court Clarifies The Discretion Found In Article V Of The New York Convention, But Holds Firm On Time Limits
MEALEY S 1 International Arbitration Report Astro v. Lippo: Hong Kong Court Clarifies The Discretion Found In Article V Of The New York Convention, But Holds Firm On Time Limits by Chiann Bao Skadden,
More informationDispute Resolution Briefing
Dispute Resolution Briefing August 2014 Contents How enforceable is an obligation to negotiate? Introduction 01 The issue 01 The background facts 02 The decision 03 Conclusion 04 Contacts 05 Introduction
More informationFrance: Dallah, a whole new law and the Tecnimont decisions
France: Dallah, a whole new law and the Tecnimont decisions ASA below 40 Summer Retreat Dany Khayat 25 June 2011 Mayer Brown is a global legal services organization comprising legal practices that are
More informationA Case Study in Litigation in Support of Arbitration: China, England, and The Turks and Caicos Islands
This article was published in slightly different form in the September 2005 issue of Mealey s International Arbitration Report. A Case Study in Litigation in Support of Arbitration: China, England, and
More informationPRIVATE INTERNATIONAL LAW : CONFLICT OF LAWS
Arbitration under the Arbitration Act 1996 Aim: To provide a clear outline of the principal issues relating to the legally binding resolution of conflict of laws disputes via arbitration under the Arbitration
More informationADMINISTRATIVE LAW. June
June 2011 Contacts For further information, please contact Rimtis Puišys Attorney tel. +370 5 239 23 73 rimtis.puisys@evershedssaladzius.lt VICTORIA Tower, J. Jasinskio 16B LT-01112 Vilnius, Lithuania
More informationELA ARBITRATION AND ADR GROUP. Issues arising from Brussels I Recast and Rome I
ELA ARBITRATION AND ADR GROUP Issues arising from Brussels I Recast and Rome I Question 1 Arbitration and Brussels I Recast: Do we agree that that arbitration is outside Brussels I and that the Regulations
More informationB. Considerations Regarding So-Called Boilerplate Clauses in Cross-Border Commercial Transactions
B. Considerations Regarding So-Called Boilerplate Clauses in Cross-Border Commercial Transactions By: Ava J. Borrasso, Founder, Ava J. Borrasso, P.A., Miami Litigators called to analyze contract disputes
More informationIN THE MATTER OF AN ARBITRATION UNDER RULE K OF THE RULES OF THE BEFORE MR. CHARLES FLINT Q.C. SITTING AS A JOINTLY APPOINTED SOLE
IN THE MATTER OF AN ARBITRATION UNDER RULE K OF THE RULES OF THE FOOTBALL ASSOCIATION BEFORE MR. CHARLES FLINT Q.C. SITTING AS A JOINTLY APPOINTED SOLE ARBITRATOR B E T W E E N: ASTON VILLA F.C. LIMITED
More informationThe Chartered Institute of Arbitrators Centenary Conference March Speech by The Honourable Chief Justice Geoffrey Ma
The Chartered Institute of Arbitrators Centenary Conference 20 21 March 2015 Speech by The Honourable Chief Justice Geoffrey Ma 1. As the Chartered Institute of Arbitrators celebrates its centenary, this
More information2018 ISDA Choice of Court and Governing Law Guide
2018 ISDA Choice of Court and Governing Law Guide International Swaps and Derivatives Association, Inc. Copyright 2018 by International Swaps and Derivatives Association, Inc. 10 E 53 rd Street 9th Floor
More informationDRAFTING AND INTERPRETING GOVERNING LAW AND JURISDICTION CLAUSES A PRACTICAL GUIDE
DRAFTING AND INTERPRETING GOVERNING LAW AND JURISDICTION CLAUSES A PRACTICAL GUIDE 1. Introduction 2. Governing law a. Guide to governing law clauses b. Choosing a governing law 3. Jurisdiction a. Litigation
More informationICE CLEAR EUROPE LIMITED. - and - COMPANY NAME
Dated 20 ICE CLEAR EUROPE LIMITED - and - COMPANY NAME SPONSORED PRINCIPAL CLEARING AGREEMENT LNDOCS01/795321.6 TABLE OF CONTENTS Clause Page PURPOSE OF THE AGREEMENT... 3 1. INTERPRETATION... 3 2. OBLIGATIONS
More informationDocuSign Envelope ID: D3C1EE91-4BC9-4BA9-B2CF-C0DE318DB461
Spanning Data Protection Addendum and Incorporating Standard Contractual Clauses for Controller to Processor Transfers of Personal Data from the EEA to a Third Country This Data Protection Addendum ("
More informationINTERNATIONAL ARBITRATION. Quarterly Review
INTERNATIONAL ARBITRATION Quarterly Review September 2015 In this edition of Addleshaw Goddard's International Arbitration Quarterly Review we consider an interesting case on anti-enforcement injunctions,
More informationTHE ARBITRATION IN THE HUNGARIAN LAW
THE ARBITRATION IN THE HUNGARIAN LAW Zsuzsa WOPERA 1. A separate act, Act LXXI of 1994 on arbitration (hereinafter called: the Aa) regulates the arbitral proceedings. This Act, has come into force in 1994,
More informationJUDGMENT. P (Appellant) v Commissioner of Police of the Metropolis (Respondent)
Michaelmas Term [2017] UKSC 65 On appeal from: [2016] EWCA Civ 2 JUDGMENT P (Appellant) v Commissioner of Police of the Metropolis (Respondent) before Lady Hale Lord Kerr Lord Wilson Lord Reed Lord Hughes
More informationDEFENCES TO ENFORCEMENT OF FOREIGN JUDGMENTS AND AWARDS IN ENGLAND
DEFENCES TO ENFORCEMENT OF FOREIGN JUDGMENTS AND AWARDS IN ENGLAND 1. Sovereign immunity as a defence to enforcement of foreign judgments and awards in England. Overview Sovereign immunity derives from
More informationCommentary. By Jeremy Walton and Anna Gilbert
MEALEY S TM International Arbitration Report The Remedy For Non-payment Of A Contractual Debt: Arbitration Or Winding Up? Conflicting Approaches Taken By The Courts Of The UK, Cayman Islands And The BVI
More informationUnilateral jurisdiction clauses Navigating the minefield
Unilateral jurisdiction clauses Navigating the minefield Article 23 September 2013 James Stacey and Angela Taylor advise caution when dealing with unilateral jurisdiction clauses. A recent French Supreme
More information10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. United Arab Emirates
10th Anniversary Edition 2016-2017 The Baker McKenzie International Arbitration Yearbook United Arab Emirates 2017 Arbitration Yearbook United Arab Emirates United Arab Emirates Habib Al Mulla, Charlotte
More informationJUDGMENT. Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorsk Hydropower Plant LLP (Respondent)
Trinity Term [2013] UKSC 35 On appeal from: [2011] EWCA Civ 647 JUDGMENT Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorsk Hydropower Plant LLP (Respondent) before Lord Neuberger,
More informationArbitration Agreement
Arbitration Agreement (Domestic & International Arbitrations) Written By S. Ravi Shankar Advocate on Record Supreme Court of India Senior Partner - Law Senate Law Firm National President - Arbitration
More informationCLIFFORD CHANCE OPINION LETTER - RULEBOOK OF LCH. CLEARNET LIMITED
CLIFFORD CHANCE OPINION LETTER - RULEBOOK OF LCH. CLEARNET LIMITED 110416-3-504-v1.0-1 - 10 UPPER BANK STREET LONDON E14 5JJ TEL +44 20 7006 1000 FAX +44 20 7006 5555 DX 149120 CANARY WHARF 3 www.cliffordchance.com
More informationCommencing an (ICC) Arbitration
Commencing an (ICC) Arbitration by Rajendra Navaratnam Partner, Azman Davidson & Co. Member, ICC Malaysia Arbitration Committee Introduction Focus on ICC Arbitration Institutional Arbitration ICC Secretariat
More informationEMIR PORTFOLIO RECONCILIATION, DISPUTE RESOLUTION AND DISCLOSURE. (2) (full legal name of company) (the Counterparty).
EMIR PORTFOLIO RECONCILIATION, DISPUTE RESOLUTION AND DISCLOSURE THIS AGREEMENT is dated as of [INSERT] and is made BETWEEN: (1) HSBC UK BANK PLC (HSBC); and (2) (full legal name of company) (the Counterparty).
More informationThe Group Of Companies Doctrine And The Law Applicable To The Arbitration Agreement
Commentary The Group Of Companies Doctrine And The Law Applicable To The Arbitration Agreement By John P. Gaffney [Editor s Note: Mr. Gaffney is a partner with O Flynn Exhams & Partners, Cork. He wishes
More informationInternational Arbitration and Anti Suit Injunctions. The Effect of West Tankers: Death of Anti Suit Injunctions in Europe
International Arbitration and Anti Suit Injunctions The Effect of West Tankers: Death of Anti Suit Injunctions in Europe I. INTRODUCTION Anti suit injunctions are often sought in international commercial
More informationBriefing on the lawfulness of the use of force provisions in the Criminal Justice and Courts Bill
Briefing on the lawfulness of the use of force provisions in the Criminal Justice and Courts Bill Introduction The Criminal Justice and Courts Bill (the Bill) legislates for the introduction of secure
More informationGUIDE TO ARBITRATION
GUIDE TO ARBITRATION Arbitrators and Mediators Institute of New Zealand Inc. Level 3, Hallenstein House, 276-278 Lambton Quay P O Box 1477, Wellington, New Zealand Tel: 64 4 4999 384 Fax: 64 4 4999 387
More informationARBITRATION RULES MEDIATION RULES
ARBITRATION RULES MEDIATION RULES International Chamber of Commerce (ICC) 33-43 avenue du Président Wilson 75116 Paris, France www.iccwbo.org Copyright 2011, 2013 International Chamber of Commerce (ICC)
More informationBefore: LORD JUSTICE BRIGGS and LORD JUSTICE SALES Between:
Neutral Citation Number: [2016] EWCA Civ 1260 Case No: C1/2016/0625 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT (QUEEN S BENCH) THE HON. MR JUSTICE JAY CO33722015 Royal Courts
More informationEnforcement of U.S. Court Judgments and Arbitral Awards in England
Commercial Litigation and International Arbitration Client Service Group From Bryan Cave, London September 2011 Enforcement of U.S. Court Judgments and Arbitral Awards in England 1) U.S. (and Foreign)
More informationAlternative Dispute Resolution (ADR) In Chapter 36 of his Final Report Jackson LJ wrote:
Alternative Dispute Resolution (ADR) In Chapter 36 of his Final Report Jackson LJ wrote: 4.2 I recommend that: (i) There should be a serious campaign (a) to ensure that all litigation lawyers and judges
More informationProper law of the arbitration agreement how does it fit. with the rest of the contract? Professor Phillip Capper
Proper law of the arbitration agreement how does it fit with the rest of the contract? BIICL Fifteenth Annual Review of the Arbitration Act 1996 19 April 2012 Professor Phillip Capper What is the Issue?
More informationTHE ARBITRATION AGREEMENT, SEAT AND JURISDICTION
THE ARBITRATION AGREEMENT, SEAT AND JURISDICTION 1. Enercon v. Wobben: The English court engages in yet more parsing of how an arbitration clause works. Government of India v. Cairn: The Malaysian Federal
More informationQuestionnaire 2. HCCH Judgments Project
Questionnaire 2 HCCH Judgments Project Introduction 1) An important current project of the Hague Conference on Private International Law (HCCH) is the development of a convention on the recognition and
More informationBefore: MRS JUSTICE O'FARRELL DBE Between:
Neutral Citation Number: [2017] EWHC 2395 (TCC) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION TECHNOLOGY AND CONSTRUCTION COURT Case No: HT-2017-000173 Royal Courts of Justice Strand, London, WC2A
More informationGood Deals Gone Bad Drafting Dispute Resolution Provisions to Avoid International Disputes
Good Deals Gone Bad Drafting Dispute Resolution Provisions to Avoid International Disputes B. Ted Howes Partner + 1 212 506 2279 bhowes@mayerbrown.com Hannah C. Banks Associate + 1 212 506 2219 hbanks@mayerbrown.com
More informationArticles. Pathetically Pathological a Stumble Through the Maze of Dispute Resolution Clauses. Melanie Willems The Arbiter Winter 2015
Pathetically Pathological a Stumble Through the Maze of Dispute Resolution Clauses Melanie Willems The Arbiter Winter 2015 Arbitration is intended to be a more efficient and commercial alternative to litigating
More informationArbitration and Mediation Services (Equality) Bill [HL]
Arbitration and Mediation Services (Equality) Bill [HL] CONTENTS PART 1 AMENDMENTS TO THE EQUALITY ACT 1 Providing arbitration services 2 Arbitration services: consequential amendments 3 Validity of arbitration
More informationRPL Directory Terms of Inclusion for Recognised Qualification Providers. Version 0.1
RPL Directory Terms of Inclusion for Recognised Qualification Providers Version 0.1 Contents Background... 3 It is agreed as followed:... 3 1. Definitions and Interpretation... 3 2. Scope & Duration of
More informationOut-of-court dispute settlement systems for e-commerce
1 Out-of-court dispute settlement systems for e-commerce Report on legal issues Part II: The Protection of the Recipient 29 th May 2000 2 Title: Out-of-court dispute settlement systems for e- commerce.
More informationData Processing Agreement
Data Processing Agreement This Data Protection Addendum ("Addendum") forms part of the Master Subscription Agreement ("Principal Agreement") between: (i) Inspectlet ("Vendor") acting on its own behalf
More informationSINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC)
GUIDE TO INTERNATIONAL ARBITRATION IN SINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC) Written By S. Ravi Shankar Advocate on Record - Supreme Court of India National President of Arbitration Bar of India
More informationDANGERS OF NOT OBSERVING THE LCIA ARBITRATION RULES
BRIEFING DANGERS OF NOT OBSERVING THE LCIA ARBITRATION RULES MARCH 2018 ENGLISH HIGH COURT FINDS REQUEST FOR ARBITRATION FOR DISPUTES UNDER TWO SEPARATE CONTRACTS INVALID ALSO GIVES USEFUL GUIDANCE ON
More informationENGLAND BOXING DISCIPLINARY PROCEDURE
ENGLAND BOXING DISCIPLINARY PROCEDURE DEFINITIONS Code: EB: EB Committee: EB Officer: Procedure: the England Boxing Code of Conduct; England Boxing Limited (RCN: 02817909) whose registered office is The
More informationAward Name and Date: Kompozit LLC v. Republic of Moldova (SCC Arbitration EA 2016/095) Emergency Award on Interim Measures 14 June 2016
School of International Arbitration, Queen Mary, University of London International Arbitration Case Law Academic Directors: Ignacio Torterola, Loukas Mistelis* Award Name and Date: Kompozit LLC v. Republic
More informationSection 2(a)(iii) of the ISDA Master Agreement: its enforceability and effect
22 December 2010 Section 2(a)(iii) of the ISDA Master Agreement: its enforceability and effect Lomas v JFB Firth Rixon, Inc [2010] EWHC 3372 (Ch) In a judgment handed down on 21 December 2010, the High
More informationArbitration and Mediation Services (Equality) Bill [HL]
Arbitration and Mediation Services (Equality) Bill [HL] CONTENTS PART 1 AMENDMENTS TO THE EQUALITY ACT 2010 1 Providing arbitration services 2 Arbitration services: consequential amendments PART 2 AMENDMENTS
More informationShari'ah Compliance Does Not Affect English Law Payments
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Shari'ah Compliance Does Not Affect English
More informationChapter 4 Drafting the Arbitration Agreement
Chapter 4 Drafting the Arbitration Agreement 4:1 Introduction 4:2 Initial Questions 4:3 Checklists 4:3.1 Checklist for Domestic Arbitrations 4:3.2 Checklist for International Arbitrations 4:4 Domestic
More informationArbitration rules. International Chamber of Commerce. The world business organization
Arbitration and adr rules International Chamber of Commerce The world business organization International Chamber of Commerce (ICC) 38, Cours Albert 1er, 75008 Paris, France www.iccwbo.org ICC 2001, 2011
More informationECN RECOMMENDATION ON THE POWER TO IMPOSE STRUCTURAL REMEDIES
ECN RECOMMENDATION ON THE POWER TO IMPOSE STRUCTURAL REMEDIES By the present Recommendation the ECN Competition Authorities (the Authorities) express their common views on the power to impose structural
More informationThe BVI Commercial Court Interfacing with Arbitration
Standing to Arbitrate? Liquidations and Arbitration When an application for a stay meets an application for summary judgment Commentary The BVI Commercial Court Interfacing with Arbitration Key recent
More informationThe Patent Regulation Board and The Trade Mark Regulation Board. Disciplinary Procedure Rules
The Patent Regulation Board and The Trade Mark Regulation Board Disciplinary Procedure Rules The Patent Regulation Board of the Chartered Institute of Patent Attorneys and the Trade Mark Regulation Board
More informationIndependent Press Standards Organisation Arbitration Scheme Consultation Paper
Independent Press Standards Organisation Arbitration Scheme Consultation Paper A consultation regarding the implementation of an arbitration scheme to aid access to justice and reduce costs relating to
More informationAmendments to Statements of Case Learning the Hard Way: PJSC Tatneft v Bogolyubov and others [2016] EWHC 2816 (Comm)
Amendments to Statements of Case Learning the Hard Way: PJSC Tatneft v Bogolyubov and others [2016] EWHC 2816 (Comm) Simon P. Camilleri * Associate, Fried, Frank, Harris, Shriver & Jacobson (London) LLP,
More informationARBITRATION AND COMPETITION LAW NEW PROSPECTS OF RECOVERY FOR VICTIMS OF ANTITRUST INFRINGEMENTS
ARBITRATION AND COMPETITION LAW NEW PROSPECTS OF RECOVERY FOR VICTIMS OF ANTITRUST INFRINGEMENTS REPRINTED FROM: CORPORATE DISPUTES MAGAZINE JUL-SEP 2014 ISSUE corporate CDdisputes Visit the website to
More informationGUARANTEE AND INDEMNITY
(1) INSPIRED ASSET MANAGEMENT limited (2) MORE GROUP CAPITAL SERVICES LIMITED DATED 2018 GUARANTEE AND INDEMNITY Salisbury House London Wall London EC2M PS Tel: 020 738 9271 Fax: 020 728 72 Ref: CBA/AC/GRM1.1
More informationCase 1:17-cv CSM Document 1 Filed 09/27/17 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA WESTERN DIVISION
Case 1:17-cv-00202-CSM Document 1 Filed 09/27/17 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA WESTERN DIVISION HALCÓN OPERATING CO., INC., vs. Plaintiff, REZ ROCK N WATER,
More informationJurisdictional Challenges and related problems. 莫世傑 / Danny Mok CILTHK Two Day Course 2017 on Commercial Arbitration November 2017
Jurisdictional Challenges and related problems 莫世傑 / Danny Mok CILTHK Two Day Course 2017 on Commercial Arbitration 11 12 November 2017 Why Challenge? Arbitration is a consensual process. An arbitrator
More informationADDLESHAW GODDARD DOING BUSINESS IN THE GCC: A ROADMAP TO RESOLVING DISPUTES IN DUBAI
ADDLESHAW GODDARD DOING BUSINESS IN THE GCC: A ROADMAP TO RESOLVING DISPUTES IN DUBAI CONTENTS 1 INTRODUCTION TO THE REGION...2 2 COURT SYSTEM: A MULTI-FACETED JURISDICTION...4 3 A GATEWAY TO INTERNATIONAL
More informationHow widespread is its use in competition cases and in what type of disputes is it used? Euro-defence and/or claim for damages?
IBA PRIVATE ENFORCEMENT - ARBITRATION (i) Role of arbitration in the enforcement of EC competition law Commercial contracts frequently refer disputes to be determined and settled by arbitration. This is
More informationGOODMAN HK FINANCE (Incorporated with limited liability in the Cayman Islands) Company Stock Code: 5763
Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take no responsibility for the contents of this announcement, make no representation as to its accuracy or completeness
More informationIN THE SUPREME COURT OF BELIZE A.D.2009 BETWEEN: THE ATTORNEY GENERAL CLAIMANT
IN THE SUPREME COURT OF BELIZE A.D.2009 CLAIM NO: 317 OF 2009 BETWEEN: THE ATTORNEY GENERAL CLAIMANT OF BELIZE APPLICANT AND 1.BELIZE TELEMEDIA LTD 2.BELIZE SOCIAL DEVELOPMENT LTD. 1 ST DEFENDANT RESPONDENT
More informationArbitration Act 1996
Arbitration Act 1996 An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for
More informationHarry Fitzhugh v Anthony Fitzhugh
Page1 Harry Fitzhugh v Anthony Fitzhugh Case No: A3/2011/3117 Court of Appeal (Civil Division) 1 June 2012 [2012] EWCA Civ 694 2012 WL 1933439 Before: Lord Justice Longmore Lord Justice Rimer and Lord
More informationIs your Arbitration Agreement Valid in the United Arab Emirates?
Is your Arbitration Agreement Valid in the United Arab Emirates? by Saloni Kantaria Reprinted from (2014) 80(1) Arbitration 16-20 Sweet & Maxwell 100 Avenue Road Swiss Cottage London NW3 3PF (Law Publishers)
More informationCompensation for distress-only claims under the DPA
Compensation for distress-only claims under the DPA May 2015 In an important ruling, the Court of Appeal confirms that the cause of action for misuse of private information is a tort and rules on the meaning
More informationFINANCIAL GUIDANCE AND CLAIMS BILL [HL] EXPLANATORY NOTES ON COMMONS AMENDMENTS
FINANCIAL GUIDANCE AND CLAIMS BILL [HL] EXPLANATORY NOTES ON COMMONS AMENDMENTS What these notes do 1 Claims Bill [HL] as brought from the House of Commons on 24 April 2018. 2 They have been prepared by
More informationCLS Bank International
Version for Publication David V. Skoblow Executive Vice President and General Counsel CLS Bank International 39 Broadway 29 th floor New York, NY 10006 Tel: +1 (212) 943-2296 Fax: +1 (212) 363-6998 June
More informationContractual Remedies Act 1979
Reprint as at 1 September 2017 Contractual Remedies Act 1979 Public Act 1979 No 11 Date of assent 6 August 1979 Commencement see section 1(2) Contractual Remedies Act 1979: repealed, on 1 September 2017,
More informationDELEGATED POWERS AND LAW REFORM COMMITTEE AGENDA. 17th Meeting, 2014 (Session 4) Tuesday 20 May 2014
DPLR/S4/14/17/A DELEGATED POWERS AND LAW REFORM COMMITTEE AGENDA 17th Meeting, 2014 (Session 4) Tuesday 20 May 2014 The Committee will meet at 11.30 am in the David Livingstone Room (CR6). 1. Instruments
More informationArbitration Act B.E. 2545
1 (Translation) Arbitration Act B.E. 2545 BHUMIBOL ADULYADEJ, REX., Given on the 23 rd day of April B.E. 2545 (2002) Being the 57 th Year of the Present Reign. His Majesty King Bhumibol Adulyadej is graciously
More informationThe enforceability of structured finance subordination provisions: where to next?
Page 1 Journal of International Banking & Financial Law/2010 Volume 25/Issue 5, May/Articles/The enforceability of structured finance subordination provisions: where to next? - (2010) 5 JIBFL 284 Journal
More information