On 11 August 2020, the LCIA released a surprisingly ambitious update to its Arbitration Rules (the “2020 (LCIA Arbitration) Rules”) and a new Schedule of Arbitration Costs (the “2020 LCIA Schedule of Costs”), increasing the costs of LCIA Arbitration, among other notable changes. The 2020 LCIA Arbitration Rules and the 2020 LCIA Schedule of Costs […]
Does an Arbitration Clause Survive the Termination of a Contract?
An arbitration clause in a contract is generally regarded as an autonomous agreement that may survive the termination of the contract that contains it. This presumption is often referred as “separability” or the “doctrine of separability”, according to which an arbitration clause is a “separate contract” whose validity and existence are independent from the substantive […]
Arbitration in the United Kingdom: The 1996 Arbitration Act
Technically, there two different acts for the arbitration in the UK. The 1996 Arbitration Act, governing arbitration in England, Wales and Northern Ireland, and the Arbitration (Scotland) Act 2010, which came into force on 7 June 2010. Despite the uncertainties of Brexit, London remains one of the widely-used seats of international arbitration. English courts have […]
COVID-19, Force Majeure and Arbitration
It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]
Arbitration Award Enforced in England Despite Evidence of Fraud
The New York Convention compels its 157 contracting Parties to enforce arbitration awards: “A New York Convention award may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect”. This enforcement requirement, found in Section 101 of the Arbitration Act 1996, is however […]