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England Arbitration

A Single Notice of Arbitration Validly Commenced an Arbitration Where There Were Multiple Contracts

21/02/2022 by Aceris Law LLC

The English Commercial Court dismissed a jurisdictional challenge under Section 67 of the Arbitration Act 1996 in LLC Agronefteprodukt v Ameropa AG [2021] EWHC 3473 (Comm) and held that a single Notice of Arbitration validly commenced an arbitration where there were two contracts, each containing a separate arbitration agreement. Background LLC Agronefteprodukt (the “Sellers”) agreed to sell […]

Filed Under: England Arbitration

Approach to Determining Law of the Arbitration Agreement Further Confirmed by UK Supreme Court

08/01/2022 by Aceris Law LLC

Law of arbitration agreement

In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb, the question of which law governed the validity and scope of an arbitration agreement arose before any arbitration had taken place. Then, in the UK Supreme Court judgment of Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) given on 17 October 2021, a similar […]

Filed Under: England Arbitration

Escalation Clauses in International Arbitration: The English Approach

21/12/2021 by Aceris Law LLC

Escalation in international arbitration

Escalation clauses (or multi-tier dispute resolution clauses) are commonly found in commercial contracts. These clauses may spell out different preconditions and procedures when seeking to resolve disputes.[1] Typically, the parties are required to attempt, within a specific time period, an amicable settlement or to enter into negotiations in order to avoid arbitration or litigation. Sometimes […]

Filed Under: England Arbitration, United Kingdom Arbitration

Dismissing Stale Claims for Want of Prosecution in International Arbitration

08/10/2021 by Aceris Law LLC

Stale claims international arbitration provisions arbitration act

Under English law, if a claimant unreasonably delays the prosecution of its claims, the arbitral tribunal has discretion to dismiss them for “want of prosecution” (or to take less drastic measures to “penalize” the claimant, for instance, in terms of costs, interest or the conduct of the proceedings). Yet, it will normally not do so, […]

Filed Under: England Arbitration, London Arbitration

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