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 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…

English Commercial High Court (QBD): Can an Arbitral Award Against a State Be Enforced By Court Proceedings In the UK Without Service On That State of Any Formal Court Document?

In General Dynamics United Kingdom Ltd v State of Libya [2019] EWHC 64 (Comm), the English Commercial High Court inter-alia held that under the English procedural law, the order granting permission to enforce an award against a foreign sovereign state is the document which required to be served for instituting proceedings within the terms of…

English Commercial High Court (QBD): Whether the invalidity of the arbitration clause oustering the Indian Arbitration Act could undermine the Jurisdiction clause conferring exclusive jurisdiction to the Indian Courts

In the case of Hardy Exploration & Production (India) Inc. v. Government of India & India Infrastructure Finance Company (UK) Ltd., [2018] EWHC 1916 (Comm), the English Commercial High Court, in addition to other issues, addressed the subject of whether an arbitration agreement oustering the applicability of the Indian Arbitration Act is enforceable as a…

English Commercial High Court (QB): What constitutes “matter” under Section 9 of the English Arbitration Act for a mandatory stay of Court proceedings in favour of arbitration?

In the case of Franek Jan Sodzawiczny v. Andrew Joseph Ruhan & Ors. [2018] EWHC 1908 (Comm), the English Commercial High Court dealt with the interpretation of “matter” under Section 9 of the English Arbitration Act for the purposes of granting a mandatory stay on court proceedings in favour of arbitration. Read the case analysis…

English Commercial High Court (QB): Whether a claim can be dismissed for “inordinate delay” if the parties have contracted for a shorter limitation period than what is applicable under the Limitation Act 1980

  In the case of Dera Commercial Estate v. Derya Inc. [2018] EWHC 1673 (Comm), the English Commercial High Court dealt with several issues regarding time limitation provided under Section 5 of the English Limitation Act 1980 and its application for assessing “inordinate delay” under Section 41(3) of the English Arbitration Act where the parties…