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 Commercial High Court (QBD): Whether A Third Party Can Seek An Anti-Suit Injunction Basis Quasi-Contractual Relationship?

When it comes to granting anti-suit injunctions, there is no consistent juridical underpinning in the English judicial precedents.[1] A quasi-contractual anti-suit injunction, is described in Raphael Anti-Suit Injunctions” (2nd ed. 2019) as “injunctions which are granted where the injunction defendant may not fully be party to and bound by a contractual forum clause as a matter of contract law,…

English Court of Appeal: Governing Law Clauses of Underlying Agreement Do Not Necessarily Cover The Governing Law Of Arbitration Agreement, Exception To Sulamerica Principle

In Sulamerica v Enesa Engelharia [2012] EWCA Civ 638, the English Court of Appeal inter alia held that where the arbitration agreement forms part of the substantive contract an express choice of law to govern that substantive contract is “an important factor to be taken into account” and “likely…to lead to the conclusion that the…

English Commercial High Court (QBD): Whether The Charterer’s Obligation To Maintain Vessel’s Class Under BARECON ’89 Form Is An Absolute Obligation?

In Silverburn Shipping (IoM) Ltd v. Ark Shipping Company LLC, [2019] EWHC 376 (Comm), the English Commercial High Court dealt with a charter party agreement on an amended standard BARECON ’89 form. The question before the Court was whether the obligation to maintain the class at all times casted upon the charterers under Clause 9A)…

English Commercial High Court: Duty of Confidentiality In Arbitral Proceedings vs. Non-Party’s Legitimate Interest to Obtain Court Records of Such Proceedings

In The Chartered Institute of Arbitrators v B & Ors [2019] EWHC 460 (Comm) the English Commercial High Court considered the issue of whether and how to exercise its discretion to grant permission for copies of the records of the arbitral proceedings to a non-party claiming a legitimate interest in disclosure of such documents. While…