English High Court: ‘Anti’ – (Anti – Arbitration) Injunction In Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm), the English High Court decided a unique question i.e., whether or not to grant an anti-anti arbitration injunction. The case is summarized as under:- FACTUAL MATRIX In the facts of the case, Euronav…
Category: UK
English High Court: Awarding Costs of an Ex Post Facto Application seeking Permission to Appeal against the Award
Consider a scenario where an Award Debtor files an application seeking permission to appeal under Section 69 of the English Arbitration Act to the court on a question of law arising out of an award. This application gets rejected based on a reply filed by Award Creditor. Such reply remains absolutely silent on the costs…
English High Court: Power of English Courts to make provisions for Receiver’s Expenses Before passing of Award
English High Court: Power of English Courts to make provisions for Receiver’s Expenses before passing of Award In the facts of Deutsche Bank v BCV [2023] EWHC 1942 (Comm), parties entered into swap transactions which were subject to an LCIA arbitration. In terms of contractual provisions, BCV had irrevocably and unconditionally waived its right to…
English High Court: Anti-suit Injunction by an English Court against a Foreign Court Proceedings in a Foreign Seated Arbitration
English High Court: Anti-suit injunction by an English Court against a foreign Court Proceedings in a Foreign Seated Arbitration In SQD v QYP [2023] EWHC 2145 (Comm), SQD being the claimant filed an application before the English High Court inter alia seeking anti-suit injunction (“ASI”) to retrain QYP, the defendant from proceeding with Court proceedings…
English High Court: Whether Inchoate Arbitration Clauses are valid?
In a recent judgment of Aiteo Eastern E&P Company Ltd v Shell Western Supply and Trading Ltd [2022] EWHC 2912 (Comm) (17 November 2022) , the English High Court has discussed about the inchoate arbitration clause and asymmetric right to arbitrate as under: Factual Matrix AITEO Eastern E&P Company Limited (‘AITEO’) entered into an Offshore…
English Court of Appeal: Whether ‘reasonable endeavours’ from the Party affected within a Force Majeure Clause in a Charterparty can include accepting payment in a Non-Contractual currency
In MUR Shipping BV v. RTI Ltd. [2022] EWCA Civ 1406, the question before the English Court of Appeal was whether the shipowner under a contract of affreightment was entitled to rely on a force majeure clause as suspending its obligation to load cargoes of bauxite. FACTUAL MATRIX In the facts of the case, MUR…
English Commercial High Court (QB): Whether Non Compliance of the “Subject Shipper/ Receivers Approval” Provision Nullifies an Arbitration Clause Contained In A Charterparty Agreement
When the main terms for a charterparty have been agreed but the parties have yet to enter into contractual relations, this is generally referred to by shipowners, charterers and chartering brokers as an agreement on “subjects” or “subs”, an expression which signals that there are pre-conditions to contract which remain outstanding. The conclusion of a…
English Court of Appeal: Whether An Application Under Section 1028(3) Of The English Companies Act, 2006 Can Be Stayed Pursuant To Section 9 Of The English Arbitration Act, 1996 On The Ground Of Non-Arbitrability?
Consider a situation where a provision in a statute provides specific powers to the court to grant certain types of reliefs. Will it then be reasonable to infer that such reliefs are outside the realm of arbitrator? This question came up for consideration before the English Court of Appeal in Bridgehouse (Bradford No. 2) Ltd…
English Commercial High Court(QB): Whether Breach of Domestic Public Policy Is Equivalent to Breach of English Public Policy For the Purposes of Resisting the Enforcement of Foreign Award Before the English Courts?
Consider a situation wherein the lex arbitri imposes a more onerous civil liability on a defaulting party under its domestic law than the one present under the English law. In that situation, whether a foreign award which has passed the muster of more onerous civil liability threshold under its domestic law can be resisted from…
English Court of Appeal: Test To Determine the Proper Law of Arbitration Agreement
When it comes to International Commercial Arbitrations, an entire gamut of laws attains relevance. Amongst these some of the predominant ones are proper law of arbitration, proper law of the underlying contract and law of seat i.e. the Curial Law. Consider a situation where the proper law of the arbitration is undefined/absent. In that situation,…
Ananya Pratap Singh 