Witness evidence can be decisive in international arbitration. Tribunals regularly rely on company representatives, employees, experts and other witnesses to determine what happened and, in many cases, to determine how much loss was suffered. But what happens when a witness deliberately lies? The consequences can extend well beyond the loss of credibility. Depending on the […]
England Arbitration
No Easy Exit from an Arbitral Award
Winning an arbitration does not necessarily end a dispute. Where an award debtor refuses to pay and is alleged to have moved assets through foreign corporate structures, the real contest may begin only after the tribunal has rendered its decision. On 7 August 2026, the High Court of Justice, Commercial Court addressed the issue. The […]
Liquidated Damages and Penalty Clauses in International Arbitration
In international contracts, parties seek above all predictability and effective control of risk. One of the most powerful contractual mechanisms to achieve both objectives is to include a pre-agreed damages clause, commonly referred to as a liquidated damages or penalty clause. Such provisions fix in advance the sum payable where a party fails to perform […]
Arbitration of Sanctions-Related Disputes Under English Law
In today’s globalised commercial environment, the increasing use of sanctions as a tool for foreign policy has made sanctions compliance a critical concern for international businesses operating across borders. This note explores how sanctions can affect commercial relationships and examines the arbitration of sanctions-related disputes under English law. Overview of the UK Sanctions Regime The […]
Arbitration of Share Purchase Agreement Disputes Under English Law
Arbitration is an increasingly popular choice for resolving disputes arising from Share Purchase Agreements, offering key advantages such as confidentiality, flexibility, and international enforceability. This note highlights the main benefits of arbitrating disputes concerning Share Purchase Agreements and considers some of the most common claims brought under English law. Benefits of Arbitration The arbitration of […]
English Arbitration Act 2025: Key Reforms
On 24 February 2025, the English Arbitration Act 2025 (the “2025 Act”) received Royal Assent, concluding a four-year reform process to refine and modernise the arbitration law in England and Wales. Procedural History and Accompanying Documents The reform began in March 2021, when the Ministry of Justice tasked the Law Commission with reviewing the English […]
Extending Arbitration Agreements to Third Parties: Principles and Challenges in English Law
The extension of arbitration agreements to third parties is a complex but rigid area of English law. In light of the ever-growing prevalence of intricate multi-party and multi-jurisdiction disputes, courts and arbitral tribunals have found themselves balancing principles of privity of contract with public policy to determine when, why, and how arbitration agreements should be […]
What to Expect from Arbitration over a Letter of Intent
A Letter of Intent (“LOI”) is a preliminary document that outlines the main terms and conditions of a proposed business deal between parties. It constitutes one of the most significant pre-contractual documents relevant to international arbitration. A Letter of Intent is mainly used in complex transactions such as mergers and acquisitions, joint ventures, etc.[1] A […]
Reform of the 1996 English Arbitration Act
On 6 September 2023, the Law Commission of England and Wales (the “Law Commission”) published its long-anticipated Final Report on the Reform of the 1996 English Arbitration Act (“Final Report”), along with a helpful summary of its Final Report. Procedural History In March 2021, the Law Commission was tasked by the Ministry of Justice to determine […]
